Title 16 Courts

Chapter 1 General Provisions

§ 16-1-101. Vesting of judicial power.

The judicial power of the state is vested in judges of the courts of general sessions, recorders of certain towns and cities, circuit courts, criminal courts, common law and chancery courts, chancery courts, courts of appeals, and the supreme court, and other courts created by law.

Backlinks (1)

39-17-1306(c)(3)(C)

History (6)

Code 1858, §§ 4094, 4095 (deriv. Const. 1834, art. 6, § 1)
Shan., § 5907
mod. Code 1932, § 10107
modified
impl. am. Acts 1979, ch. 68, §§ 2, 3
T.C.A. (orig. ed.), § 16-101.

§ 16-1-102. Powers of court.

Every court has the power to:
1. (1) Enforce order in its immediate presence, or as near thereto as is necessary to prevent interruption, disturbance, or hindrance to its proceedings;
2. (2) Enforce order before a person or body acting under its authority;
3. (3) Compel obedience to its judgments, orders, and process, and to the order of a judge out of court, in an action or proceeding in court;
4. (4) Control, in furtherance of justice, the conduct of its officers, and all other persons connected with a judicial proceeding before it, in every matter pertaining to the proceeding;
5. (5) Administer oaths whenever it may be necessary in the exercise of its powers and duties; and
6. (6) Control its process and orders.

History (4)

Code 1858, § 4099
Shan., § 5911
mod. Code 1932, § 10110
T.C.A. (orig. ed.), § 16-102.

§ 16-1-103. Contempt.

For the effectual exercise of its powers, every court is vested with the power to punish for contempt, as provided for in this code.

History (4)

Code 1858, § 4100
Shan., § 5912
Code 1932, § 10111
T.C.A. (orig. ed.), § 16-103.

§ 16-1-104. Conflicts in use of courtroom.

In case of conflict among the courts, the use of the courtroom may be regulated by consent, in which case the court yielding the room may hold its session in any other room within the limits of the county seat. If no agreement is made, the circuit court shall be preferred to the chancery court. If excluded from the courtroom on Monday, the circuit court shall try no jury causes on that day, except by consent of parties.

History (4)

Code 1858, § 4097 (deriv. Acts 1835-1836, ch. 18, § 12)
Shan., § 5909
Code 1932, § 10109
T.C.A. (orig. ed.), § 16-104.

§ 16-1-105. Holding court outside of courthouse or in courthouse or room outside county seat.

(a)
1. (1) If for any cause, in the opinion of the court deemed sufficient, it is impracticable or inconvenient for any court to hold its session at the courthouse, or place designated by law, it shall be lawful for the court to hold its session, or any part of its session, at any other room within the limits of the county seat, or at any other room open to the public within an institution of the department of correction or the department of children's services if the court deems it necessary, and all its proceedings at such place, whether in civil or criminal cases, are as valid as if done at the courthouse.
2. (2)
  1. (A) It is lawful for the court to temporarily hold its session, or any part of its session, in a courthouse or other room located outside the county seat if:
    1. (i) The courthouse in the county seat is rendered temporarily unusable by reason of a natural disaster;
    2. (ii) Trials and other judicial proceedings are scheduled to be held in the courthouse during the time the courthouse is temporarily unusable;
    3. (iii) Another room located within the county seat with sufficient security and otherwise suitable for conducting court proceedings is not available; and
    4. (iv) The presiding judge of the district determines that extraordinary circumstances exist such that temporarily moving the judicial proceedings outside the county seat is in the best interests of justice.
  2. (B) If the presiding judge of the judicial district determines the requirements of subdivision (a)(2)(A) have been met, the presiding judge will consult with the person who schedules events and proceedings at the location outside the county seat to determine dates when the courthouse or room outside the county seat is available for use.
  3. (C) When the courthouse, or place designated by law, within the county seat is ready for use, judicial proceedings must be returned to the courthouse of the county seat, unless a trial is in progress at the time the courthouse within the county seat is ready for use and all parties involved agree to keep the matter in the courthouse or room outside the county seat until the conclusion of the case.
  4. (D) All proceedings held pursuant to this subdivision (a)(2) in a courthouse or other room located outside the county seat, whether civil or criminal cases, are as valid as if done at the courthouse within the county seat.
  5. (E) Nothing in this subdivision (a)(2) allows:
    1. (i) The direct or indirect relocation of the county seat; or
    2. (ii) A court to lawfully hold its session at a courthouse or other room located outside the county seat for a period of time longer than is necessary to relocate or reconstruct a courthouse or other room within the limits of the county seat, except as provided in subdivision (a)(2)(C).
  6. (F) As used in this subdivision (a)(2), “natural disaster” has the same meaning as defined in § 4-31-803.
(b) Nothing in this section shall be construed as preventing or prohibiting a county that has constructed a criminal justice building or facility, or that uses a building or facility, that is not located within the limits of the county seat, from holding criminal court in that building or facility; provided, that it is located within the limits of the county. If the building or facility is used to hold criminal court, a defendant may be indicted, prosecuted, tried and convicted in that building or facility as if done at the courthouse.

History (11)

Code 1858, § 4096 (deriv. Acts 1835-1836, ch. 6, § 7
1835-1836, ch. 18, § 13)
Shan., § 5908
Code 1932, § 10108
modified
T.C.A. (orig. ed.), § 16-105
Acts 1985 (1st E.S.), ch. 12, § 1
1989, ch. 278, § 28
1996, ch. 1079, § 30
2006, ch. 630, § 2
2020, ch. 805, § 1.

§ 16-1-106. Minutes.

(a) The minutes of the court for each day's work shall be signed by the judge. The minute book shall provide a place for the judge's signature after the minute entries each day; however, where the orders of the court are photocopied so that an accurate facsimile of the entire order and judge's signature appears, it shall be sufficient for the judge to sign at the end of the minute book approving all the minutes in the book.
(b) When any judge or chancellor fails to sign the minutes of the judge's or chancellor's court because of death, vacancy in office or disability, or for any other reason, the judge's or chancellor's successor shall examine all the unsigned minutes, and if the successor finds that the unsigned minutes satisfactorily represent the true and complete proceedings of the court, the successor shall so certify. The judge's or chancellor's successor shall examine any decree or order that has been signed by the deceased or disabled predecessor but that has not been spread upon the minutes of the court, and if the successor finds that the decree or order is a true and complete decree or order, the successor shall direct that the decree or order be spread upon the minutes of the court and certify the minutes. Any minutes certified by a judge or chancellor pursuant to this subsection (b) have the same force and effect as minutes entered pursuant to subsection (a).

History (7)

Code 1858, § 4101 (deriv. Acts 1809 (Sept.), ch. 49, § 20)
Shan., § 5913
Code 1932, § 10112
Acts 1967, ch. 81, § 1
1972, ch. 803, § 1
T.C.A. (orig. ed.), § 16-106
Acts 1984, ch. 756, § 1.

§ 16-1-107. Power to sell land.

In all suits, instituted according to law, to sell the real estate of decedents for the payment of debts, or to sell lands for partition, a court of record may decree a sale of lands lying in any part of the state.

History (4)

Code 1858, § 4102 (deriv. Acts 1847-1848, ch. 170)
Shan., § 5914
mod. Code 1932, § 10113
T.C.A. (orig. ed.), § 16-107.

§ 16-1-108. Vesting title by decree or clerk's deed.

Courts having jurisdiction to sell lands, instead of ordering parties to convey, may divest and vest title directly by decree, or empower the clerk to make title.

History (5)

Code 1858, § 4103 (deriv. Acts 1801, ch. 6, § 48
1837-1838, ch. 176, § 1)
Shan., § 5915
Code 1932, § 10114
T.C.A. (orig. ed.), § 16-108.

§ 16-1-109. Registration of decree or clerk's deed.

The decree or deed of the clerk, as the case may be, has the same force and effect as a conveyance by the party, and shall be registered.

History (5)

Code 1858, § 4104 (deriv. Acts 1801, ch. 6, § 48
1837-1838, ch. 176)
Shan., § 5916
Code 1932, § 10115
T.C.A. (orig. ed.), § 16-109.

§ 16-1-110. Implied covenants in sales of land.

In cases where the sale is made at the voluntary instance of parties, the decree or deed of the clerk shall imply a covenant of seisin and warranty of title by the parties whose interest is sold, their heirs and representatives, unless otherwise provided in the face of the decree.

History (4)

Code 1858, § 4105
Shan., § 5917
Code 1932, § 10116
T.C.A. (orig. ed.), § 16-110.

§ 16-1-111. Use of papers filed in federal courts.

In all cases that have been removed from the courts of the state to the federal courts, and that have been afterward remanded to the state courts, the pleadings, depositions and proofs that have been filed in the federal court during its pendency there shall be used as if the pleadings, depositions and proofs had been originally filed in the state court. In cases where the original depositions, pleadings and proofs cannot be obtained from the federal court for use in the state court, then certified copies of the original depositions, pleadings and proofs may be obtained from the federal court, for use in the state court, instead of the originals.

History (4)

Acts 1903, ch. 17, §§ 1, 2
Shan., §§ 5917a1, 5917a2
mod. Code 1932, §§ 10117, 10118
T.C.A. (orig. ed.), § 16-111.

§ 16-1-112. Justice of the peace — Name change throughout code.

Tennessee Code Annotated is amended in each of its provisions providing the judicial powers, duties, functions or jurisdiction of the justice of the peace to delete references to “justice of the peace” or any variation of those words and to substitute instead references to the “court of general sessions” or “judge of the court of general sessions” or a variation of those words. The Tennessee code commission is granted the authority to reword the provisions to conform to the appropriate reference and sentence structure and to make grammatical changes necessary to effect those word changes without any change of substantive law.

History (2)

Acts 1979, ch. 68, § 3
T.C.A., § 19-102.

§ 16-1-113. Court business and filings — Facsimile transmissions.

(a) It is the intent of the general assembly, in recognition of the common practice and use of facsimile transmissions (faxes) in business and government, to:
1. (1) Promote a more efficient means of filing documents and overcome expenses and delays entailed in long distance communication; and
2. (2) Enable courts in this state to implement procedures for the filing of documents by fax.
(b) Courts in this state may implement procedures for the transmission of documents by fax machines in accordance with this section and § 16-3-408 and the Tennessee supreme court rules.

History (1)

Acts 1991, ch. 146, §§ 1, 2.

§ 16-1-114. Immunity for judges sitting specially or by interchange.

Any judge or lawyer sitting specially under § 16-15-209 or § 17-2-208 or by interchange shall have the same immunity as the judge for whom the judge or lawyer is sitting, and the state or county that would provide the defense for the judge for whom the lawyer or judge is sitting shall be required to provide the defense for the substitute judge.

History (1)

Acts 1997, ch. 473, § 1.

§ 16-1-115. Electronic signatures.

Notwithstanding any law to the contrary, courts in this state may implement procedures for the use of electronic signatures in the signing of pleadings, court orders, judgment orders, affidavits of complaint, arrest warrants, a mittimus or other court documents. An electronic signature may be used to sign a document and shall have the same force and effect as a written signature.

History (1)

Acts 1997, ch. 505, § 1.

§ 16-1-116. Transfer of actions or appeals.

Notwithstanding any other law or rule of court to the contrary, when an original civil action, an appeal from the judgment of a court of general sessions, or a petition for review of a final decision in a contested case under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, is filed in a state or county court of record or a general sessions court and such court determines that it lacks jurisdiction, the court shall, if it is in the interest of justice, transfer the action or appeal to any other such court in which the action or appeal could have been brought at the time it was originally filed. Upon such a transfer, the action or appeal shall proceed as if it had been originally filed in the court to which it is transferred on the date upon which it was actually filed in the court from which it was transferred.

History (1)

Acts 2000, ch. 794, § 1.

§ 16-1-117. Reporting case statistics — Automated court information system.

(a) It is the duty of the administrative office of the courts to collect, develop, and maintain uniform statistical information relative to court caseloads in Tennessee. To assist the administrative office of the courts in this duty, the clerks of each court shall report case data as set forth below:
1. (1) Each criminal case shall be assigned a unique docket number. A criminal case shall be defined and reported as a single charge or set of charges arising out of a single incident concerning a single defendant in one (1) court proceeding. An incident shall be all criminal activity occurring on the same date. A court proceeding refers to a single level of court, such as general sessions or circuit. An appeal, probation revocation, or other post-judgment proceeding shall be considered a separate case. This definition shall not alter the practice in the Tennessee rules of criminal procedure dealing with joinder and severance of criminal cases. In addition, in courts of record, multiple incidents shall be counted as a single case when the charges are of a related nature and it is the district attorney general's intention that all of the charges be handled in the same court proceeding pursuant to a single indictment. If a case has more than one (1) charge or count, then the administrative office of the courts shall count the case according to the highest class of charge or count for the weighted caseload study based on the formula set out in § 16-2-513(a). Nothing in this subdivision (a)(1) shall operate to deprive court clerks of any fees to which they were entitled prior to July 1, 2014;
2. (2) A civil case shall be defined as all motions, petitions, claims, counterclaims or proceedings between the parties resulting from the initial filing until the case is disposed. A unique docket number will be assigned to a civil case upon filing. Until the case is disposed, all subsequent motions, petitions, claims, counterclaims or proceedings between the parties resulting from the initial filing will be handled under the assigned docket number and will not be assigned a new docket number. Once a civil case has been disposed and further actions occur on the case, the original case will be reopened using the same docket number under which it was originally filed and is subject to additional court costs. All subsequent motions, petitions, claims, counterclaims or proceedings relating to the reopened case will be handled under the one reopened case docket number until disposed. Any subsequent re-openings will still use the original docket number, but will be counted by the administrative office of the courts as a new case for case-reporting purposes and are subject to additional court costs. Civil cases in courts of record shall be counted and reported to the administrative office of the courts according to this subdivision (a)(2);
3. (3) All general sessions courts and municipal courts with general sessions jurisdiction shall collect and provide court data to the administrative office of the courts based on the definitions for criminal and civil cases as provided in subdivisions (a)(1) and (2);
4. (4) All courts of record, except for juvenile courts, and all general sessions courts and municipal courts with general sessions jurisdiction shall report caseload data to the administrative office of the courts not less than one (1) time each month, so that all cases filed and disposed in one (1) month have been received by the administrative office of the courts by the fifteenth day of the following month in which the case is filed or disposed. The administrative office of the courts shall create forms to be used by each court in reporting the caseload data;
5. (5) The administrative office of the courts will provide written notification to any responsible party found not to be in compliance with the reporting requirements. Written notification will detail the type of noncompliance and recommend the corrective action to be taken. If compliance is not achieved during the subsequent reporting period following notification, the administrative office of the courts will no longer accept data from the office not in compliance until such time as the errors are corrected. Notification of this action will be sent to all judges, district attorneys general, district public defenders and court clerks within the district where the noncomplying office is located. Notification will also be sent to the district attorneys general conference, the district public defenders conference, the administrative office of the courts and the county officials association of Tennessee. Any periods of noncompliance will also be reported in the annual report to the chairs of the civil justice committee of the house of representatives and the judiciary committee of the senate;
6. (6)
  1. (A) The clerks of those courts wherein commitments to a mental institution, as defined in § 16-10-213, are ordered or persons are adjudicated as a mental defective, as defined in § 16-10-213, shall report information described in § 16-10-213(c) regarding individuals who have been adjudicated as a mental defective or judicially committed to a mental institution. Included in the report pursuant to this subdivision (a)(6)(A) shall be the date in which such information was also reported to the federal bureau of investigation-NICS index;
  2. (B) The clerks of courts, pursuant to the reporting requirements of §§ 16-10-213, 16-11-206, 16-15-303 and 16-16-120, shall provide sufficient information to the administrative office of the courts who shall make such reports on behalf of those clerks as soon as practicable, but no later than the third business day following the date of receipt of signed order;
    Backlinks (1)
    
    16-3-812(b)
  3. (C) The information reported pursuant to subdivision (a)(6)(A) shall be maintained as confidential and not subject to public inspection, except for such use as may be necessary in the conduct of any proceedings pursuant to §§ 39-17-1316, 39-17-1353 and 39-17-1354;
  4. (D) The administrative office of the courts shall provide written notification to any responsible party found not to be in compliance with the reporting requirements of this subdivision (a)(6) or with the reporting requirements of §§ 16-10-213, 16-11-206, 16-15-303 and 16-16-120. If compliance is not achieved during the subsequent reporting period following notification, the administrative office of the courts will no longer accept data from the office not in compliance. Notification of this action will be sent to all judges, district attorneys general, district public defenders and court clerks within the district where the noncomplying office is located. Notification will also be sent to the district attorneys general conference, the district public defenders conference, the administrative office of the courts and the county officials association of Tennessee. Any periods of noncompliance will also be reported in the annual report to the chair of the judiciary committee of the senate and the chair of the civil justice committee of the house of representatives.
  Backlinks (1)
  
  33-3-115(a)
Backlinks (1)
- 16-2-513(d)
(b) Any automated court information system being used or developed on or after July 1, 2003, including, but not limited to, the Tennessee court information system (TnCIS) being designed pursuant to § 16-3-803(h), shall ensure comparable data will be reported to the administrative office of the courts with respect to courts of record, and criminal cases in general sessions courts and municipal courts with general sessions jurisdiction, using the definitions and standards set forth in subsection (a). Each system shall use the Tennessee code citation on each criminal charge, and have the capability of using this information to classify the type and class of each charge.

Backlinks (2)

History (9)

Acts 2001, ch. 408, § 4
2002, ch. 791, §§ 2-4, 6
2013, ch. 236, § 37
2013, ch. 300, § 1
2014, ch. 673, § 1
2018, ch. 799, § 6
2019, ch. 345, § 19
2019, ch. 420, § 6
2021, ch. 64, § 11.

§ 16-1-118. Utilization of electronic court filing system provider authorized by the administrative office of the courts.

Unless otherwise provided by law, all courts in this state that implement an electronic court filing system pursuant to Tennessee Supreme Court Rule 46 and Tennessee Rule of Civil Procedure 5B shall utilize only a system provider authorized by the administrative office of the courts. The administrative office of the courts shall establish technical standards with the goals of ensuring integrity of filings, assuring an environment that promotes uniformity and ease of filing, and providing the framework for future compatibility among e-filing solutions implemented by local and state courts. Nothing in this section shall require the administrative office of the courts to begin implementing a statewide e-filing system.

History (1)

Acts 2013, ch. 279, § 1.

§ 16-1-119. Advisory task force to review composition of judicial districts.

(a)
1. (1)
  1. (A) By no later than September 1, 2018, the speaker of the senate and the speaker of the house of representatives shall establish an advisory task force to review the composition of Tennessee's current judicial districts codified at § 16-2-506.
  2. (B) The task force shall be composed of eleven (11) members, as follows:
    1. (i) Three (3) current trial court judges, one (1) representing each grand division, appointed by joint action of the speaker of the senate and speaker of the house of representatives;
    2. (ii) Three (3) current district attorneys general, one (1) representing each grand division, appointed by joint action of the speaker of the senate and speaker of the house of representatives;
    3. (iii) Three (3) current district public defenders, one (1) representing each grand division, appointed by the joint action of the speaker of the senate and speaker of the house of representatives; and
    4. (iv) Two (2) citizen members, one (1) appointed by each speaker. The citizen members must reside in different grand divisions.
  3. (C) The speakers shall jointly designate one (1) of the members to serve as chair of the task force.
2. (2)
  1. (A) By no later than December 1, 2019, the task force shall complete its findings and recommend and publish a proposed statewide judicial redistricting plan. The plan shall provide reasonable and timely access to Tennessee's circuit, chancery, and criminal courts and shall promote the efficient utilization of publicly funded resources allocated for the courts.
  2. (B) Prior to completing its findings and recommending this plan, the task force shall conduct at least one (1) public hearing within each of the three (3) grand divisions and shall receive oral and written testimony from interested organizations and citizens of this state. In addition, the task force shall establish a publicly accessible judicial redistricting task force page on the website of the administrative office of the courts for redistricting-related information, including meeting notices and redistricting plans.
3. (3) The task force shall deliver a report of its findings, as well as its proposed judicial redistricting plan, to the governor, the speakers of the senate and house of representatives, the judiciary committee of the senate, the civil justice committee of the house of representatives, and the administrative office of the courts at least one (1) week prior to publication of the proposed judicial redistricting plan.
(b)
1. (1) The administrative office of the courts shall provide support services to the task force created under this section.
2. (2) The members of the task force shall serve without compensation but shall be entitled to reimbursement of any travel expenses incurred. All reimbursement for travel expenses shall be in conformity with the comprehensive state travel regulations as promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
3. (3) The task force shall cease to exist upon completion of the task force's report and recommendations.

History (3)

Acts 2018, ch. 974, § 4
2019, ch. 345, § 20
2021, ch. 64, § 12.

§ 16-1-120. Processing passport applications — Photographs for passports.

If a court clerk chooses to process passport applications, the court clerk may take photographs for the passports and charge a reasonable fee for such service.

History (1)

Acts 2019, ch. 344, § 1.

Chapter 2 Judicial Divisions and Districts

Part 1 Appellate Courts

§ 16-2-101. Grand divisions — Appeals from Marion County.

(a) For the administration of justice in the supreme court, the court of appeals and the court of criminal appeals, the state is divided into the three (3) grand divisions described in §§ 4-1-201 — 4-1-204.
(b) All appeals, writs of error and appeals in the nature of a writ of error from the chancery and circuit courts of Marion County shall be granted to and heard by the supreme court, the court of appeals and the court of criminal appeals, within their respective jurisdictions, sitting at Nashville.

History (9)

Code 1858, § 100 (deriv. Acts 1835-1836, ch. 3, § 8)
Shan., § 129
Acts 1923, ch. 70
Code 1932, § 147
Acts 1941, ch. 17, § 1
C. Supp. 1950, §§ 147, 148
impl. am. Acts 1967, ch. 226, § 1
modified
T.C.A. (orig. ed.), § 16-201.

§ 16-2-102. Places where supreme court sessions held.

The supreme court for the eastern division is held at Knoxville; for the middle division, at Nashville; and for the western division, at Jackson. In addition to the places where the supreme court is required to be held by the Constitution of Tennessee, it may be held in other places that the chief justice may from time to time designate.

History (8)

Code 1858, § 104
Acts 1867-1868, ch. 76, § 1
1869-1870, ch. 18, § 1
1870, ch. 24, § 3
Shan., § 133
Code 1932, § 151
T.C.A. (orig. ed.), § 16-202
Acts 1984, ch. 713, § 1.

§ 16-2-103. Times of supreme court sessions.

The court shall hold one (1) session each year, as follows: at Knoxville on the second Monday in September; at Nashville on the first Monday in December; and at Jackson on the first Monday in April of each year.

History (5)

Code 1858, § 105
Acts 1877, ch. 4, § 1
Shan., § 134
Code 1932, § 152
T.C.A. (orig. ed.), § 16-203.

§ 16-2-104. Transfer of supreme court cases between divisions.

The supreme court is empowered to direct the hearing of all of the cases coming to the supreme court from any county, in any division of the state, in any other division of the state; provided, that all appeals, appeals in error, writs of error, petitions for certiorari and all other proceedings for the correction of error arising in the respective divisions shall be taken to Knoxville, Nashville and Jackson, transcripts there filed, and all decrees, orders and judgments shall be entered at Knoxville, Nashville and Jackson; provided, however, that nothing in this section shall be construed to interfere with or dispense with the regular sittings of the supreme court at Knoxville, Nashville and Jackson, for the trial and disposition of the causes in the respective grand divisions of the state, but that this section shall only apply to emergency causes, to causes wherein the general public welfare demands a speedy hearing, to causes involving the title to any public office, or to causes where the parties agree thereto, arising in any grand division, either during vacation or when the court is sitting in some other grand division, or to the consideration and decision of causes which the court, sitting in any grand division, has not had time to decide before adjourning.

Backlinks (2)

History (6)

Acts 1915, ch. 95, § 1
Shan., § 135a1
Code 1932, § 154
Acts 1939, ch. 17, § 1
C. Supp. 1950, § 154
T.C.A. (orig. ed.), § 16-204.

§ 16-2-105. Transfer of supreme court cases by consent of parties.

The hearing and determination of any case, other than those involving emergency or general public welfare referred to in § 16-2-104, may, upon written application, presented in person by counsel representing all parties, and with the unanimous approval of the court, be transferred from any one (1) grand division to the court sitting in any other grand division of the state, this provision being intended to expedite the hearing of important cases, the speedy determination of which is advisable.

History (6)

Acts 1923, ch. 70, § 2
Shan. Supp., § 135a6
mod. Code 1932, § 158
modified
Acts 1963, ch. 111, § 1
T.C.A. (orig. ed.), § 16-205.

§ 16-2-106. Transfer of cause of action.

In judicial districts that have a separate circuit and chancery court or in districts that have more than one (1) division of circuit or chancery court, if a civil cause of action is filed in the improper court or the improper division of court within the judicial district, upon the motion of either party, or upon the court's own motion, the civil cause of action may be transferred to the proper court or proper division within such district.

History (2)

Acts 1991, ch. 265, § 1
T.C.A. § 16-2-107.

Part 5 Trial Courts

§ 16-2-501. Legislative purpose — Existing courts.

(a) The general assembly expressly declares that its purpose in enacting this part is to reorganize the existing trial court system of this state in such a way that its growth occurs in a logical and orderly manner. It does not have as its purpose the abolition of any court or judicial office.
(b) Nothing in this part shall be construed as altering, diminishing or abolishing chancery court or the constitutional and historical distinctions between chancery court and circuit court.

History (1)

Acts 1984, ch. 931, § 1.

§ 16-2-502. Titles of judges — Jurisdiction.

Each trial court judge shall continue to be officially known and designated as either a chancellor, circuit court judge, criminal court judge, or law and equity court judge, depending upon the position to which the chancellor or judge was elected or appointed prior to June 1, 1984. Any judge or chancellor may exercise by interchange, appointment, or designation the jurisdiction of any trial court other than that to which the judge or chancellor was elected or appointed.

Backlinks (2)

History (1)

Acts 1984, ch. 931, § 2.

§ 16-2-503. Filing and processing of actions.

Suits shall be filed in the same court and processed by the same clerk as they were filed and processed prior to September 1, 1984.

History (1)

Acts 1984, ch. 931, § 3.

§ 16-2-504. Selection of clerk and master — Trial court judge as chancellor.

In those judicial districts in which this part has left a particular district without a chancellor, all trial court judges within that district shall be designated as chancellors for the purpose of selecting the clerk and master. The trial court judges shall also sit as chancellors for the purpose of disposing of those cases filed in chancery court. In judicial districts in which one (1) or more chancellors remain, the clerk and master shall continue to be selected as provided by law.

History (1)

Acts 1984, ch. 931, § 4.

§ 16-2-505. Election of additional judges — Secretary — Courtroom security — Judicial candidates.

(a) In any judicial district in which § 16-2-506 requires the election of an additional judge, the election shall occur in August of that year. The qualified voters of the judicial district in which the election is required shall elect a person to the office of judge for that district. That person shall possess the same qualifications, powers and duties and shall receive the same compensation, payable in the same manner, benefits, emoluments and dignity of office as is required or provided by law for other judges.
(b)
1. (1) If the election occurs in 1984, 1986, or 1988, the person elected shall hold office until September 1, 1990, and until that person's successor is elected and qualified. Thereafter, a judge shall be elected for an eight-year term. At the regular August election in 1990, the qualified voters of all judicial districts required by § 16-2-506 to elect an additional judge in such year shall elect a person to such office for a full eight-year term. The person elected in 1990 as an additional judge for each such district shall possess the same qualifications, powers and duties and shall receive the same compensation, payable in the same manner, benefits, emoluments and dignity of office as is required or provided by law for other circuit court judges.
2. (2) If the election occurs in 1992, 1994, or 1996, the person elected shall hold office until September 1, 1998, and until the person's successor is elected and qualified. Thereafter, a judge shall be elected for an eight-year term. At the regular August election in 1998, the qualified voters of all judicial districts required by § 16-2-506 to elect an additional judge in 1992, 1994, 1996 or 1998 shall elect a person to such office for a full eight-year term. The person elected in 1998 shall possess the same qualifications, powers and duties and shall receive the same compensation, payable in the same manner, benefits, emoluments and dignity of office as is required or provided by law for other circuit court judges or chancellors.
3. (3) If the election occurs in 2000, 2002, or 2004, the person elected shall hold office until September 1, 2006, and until the person's successor is elected and qualified. Thereafter, a judge shall be elected for an eight-year term. At the regular August election in 2006, the qualified voters of all judicial districts required by § 16-2-506 to elect an additional judge in 2000, 2002, 2004 or 2006 shall elect a person to such office for a full eight-year term. The person elected in 2006 shall possess the same qualifications, powers and duties and shall receive the same compensation, payable in the same manner, benefits, emoluments and dignity of office as is required or provided by law for other circuit court judges or chancellors.
4. (4) Any vacancy occurring in the office of one (1) of the circuit court judges elected pursuant to § 16-2-506 shall be filled as provided by law.
(c) Upon the election of a judge pursuant to § 16-2-506, there is created the position of secretary for that judge. The judge shall select a suitable person to fill the position of secretary and that person shall receive the same compensation, payable in the same manner, as is provided by law for the secretary of the other judges in the district. The secretary shall perform the duties assigned by the judge.
Backlinks (1)
- 16-2-506(29)(C)
(d)
1. (1) It is the responsibility of the counties comprising the judicial district to provide a judge elected pursuant to § 16-2-506 with sufficient space and facilities in which to conduct the business and duties of the court.
2. (2) Each county shall establish a court security committee composed of the county mayor, sheriff, district attorney general, the presiding judge of the judicial district and a court clerk from the county to be designated by the presiding judge, for the purpose of examining the space and facilities to determine the security needs of the courtrooms in the county in order to provide safe and secure facilities.
  Backlinks (2)
  
  8-21-401(i)(3)(B)
  40-38-102(b)(2)
3. (3) Upon completion of the examination of security needs, the following procedure shall be followed:
  1. (A) The administrative office of the courts shall distribute to each court security committee a copy of the minimum security standards as adopted by the Tennessee judicial conference, and each committee shall review and consider these standards in determining court security needs;
  2. (B) No later than May 15 each year, the court security committee shall report its findings to the county legislative body and the administrative office of the courts;
    Backlinks (1)
    
    40-38-102(b)(2)
  3. (C) The county legislative body shall review and consider the recommendations of the court security committee in the preparation of each fiscal year budget;
  4. (D) No later than December 1 each year, the county legislative body shall report to the administrative office of the courts any action taken to meet the security needs;
  5. (E) No later than January 15 each year, the administrative office of the courts shall report to the general assembly on the compliance by each county government with the security needs established by the court security committee.
4. (4) Any recommendation by the court security committee requiring county expenditures shall be subject to approval of the county legislative body.
(e) Any person who seeks election to the office of circuit court judge, criminal court judge, law and equity court judge or chancellor, whether the judgeship is created by this part or was in existence on April 1, 1984, shall qualify as provided by law with the various election commissions in the counties comprising the judicial district in which the person seeks election. At the time of qualification, the person shall designate to each such commission the court and part of the court, if any, to which that person seeks election. If properly qualified, the names of all of the judicial candidates shall appear on the official ballot by the court and part of court, if any, previously designated and the candidate who shall receive the highest number of votes cast for judge of each part of each court shall be declared elected.

History (5)

Acts 1984, ch. 931, § 5
1993, ch. 506, §§ 1, 2
1995, ch. 225, § 1
2001, ch. 268, § 1
2003, ch. 90, § 2.

§ 16-2-506. Establishment of judicial districts — Assistant district attorneys general — Criminal investigators — Equity and law courts — Chancery courts.

The state is divided into thirty-two (32) judicial districts composed as follows:
1. (1)
  1. (A) The first judicial district consists of the counties of Carter, Johnson, Unicoi and Washington. The four (4) incumbent trial court judges and the district attorney general currently residing in those counties shall continue to serve the first judicial district in their respective capacities. In 1988, the qualified voters of the first judicial district shall elect an additional judge or chancellor in accordance with § 16-2-505 to serve the court and part of court designated pursuant to § 16-2-512;
  2. (B) The district attorney general of the first judicial district is entitled to nine (9) assistant district attorney general positions and one (1) criminal investigator position;
2. (2)
  1. (A) The second judicial district consists of the county of Sullivan. The three (3) incumbent trial court judges and the district attorney general currently residing in such county shall continue to serve the second judicial district in their respective capacities. Effective September 1, 1984, the law and equity court currently located in Sullivan County shall become a chancery court for the second judicial district and the current law and equity judge shall become a chancellor who on such date shall possess the same jurisdiction, powers and duties and shall receive the same compensation, benefits, emoluments and dignity of office as is required or provided by law for chancellors. In 1984, the qualified voters of the second judicial district shall elect an additional judge in accordance with § 16-2-505 to serve part II of the circuit court of such district;
  2. (B) The district attorney general of the second judicial district is entitled to eight (8) assistant district attorney general positions and two (2) criminal investigator positions;
3. (3)
  1. (A) The third judicial district consists of the counties of Greene, Hamblen, Hancock and Hawkins. The three (3) incumbent trial court judges and the district attorney general currently residing in such counties shall continue to serve the third judicial district in their respective capacities. In 1986, the qualified voters of the third judicial district shall elect an additional judge or chancellor in accordance with § 16-2-505 to serve the court and part of court designated pursuant to § 16-2-512. In 1990, the qualified voters of the third judicial district shall elect an additional circuit court judge in accordance with § 16-2-505 to serve part III of the circuit court of such district;
  2. (B) The district attorney general of the third judicial district is entitled to nine (9) full-time assistant district attorney general positions and three (3) criminal investigator positions;
4. (4)
  1. (A)
    1. (i) The fourth judicial district consists of the counties of Cocke, Grainger, Jefferson and Sevier. The three (3) incumbent trial court judges and the district attorney general currently residing in such counties shall continue to serve the fourth judicial district in their respective capacities. Notwithstanding any other provision of law or this part to the contrary, the chancellor currently serving in the fourth judicial district shall also serve the fifth judicial district. As long as the chancellor for the fourth judicial district also serves the fifth judicial district, such chancellor shall be elected by the qualified voters of both such districts and may reside in either district. In 1990, the qualified voters of the fourth judicial district shall elect an additional circuit court judge in accordance with § 16-2-505 to serve part III of the circuit court of such district. Effective September 1, 1998, there is created an additional circuit court in the fourth judicial district. At the August 1998 general election, the qualified voters of the fourth judicial district shall elect a person in accordance with § 16-2-505, to serve as judge of the circuit court created by this section for an eight-year term;
    2. (ii) Effective September 1, 2024, there is created in the fourth judicial district one (1) additional circuit court to be designated as part V. The governor shall appoint a person to serve as judge of part V of the circuit court, and the person so appointed shall serve in that capacity until September 1, 2026, or until the person's successor is elected and qualified. At the August 2026 general election, the qualified voters of the fourth judicial district shall elect, in accordance with § 16-2-505, a judge of part V of the circuit court to serve until September 1, 2030, or until the person's successor is elected and qualified. Thereafter, the qualified voters of the fourth judicial district shall elect a judge of part V of the circuit court for a full eight-year term.
  2. (B) The district attorney general of the fourth judicial district is entitled to seven (7) assistant district attorney general positions and two (2) criminal investigator positions;
5. (5)
  1. (A) The fifth judicial district consists of the county of Blount. The two (2) incumbent trial court judges and the district attorney general currently residing in such county shall continue to serve the fifth judicial district in their respective capacities;
  2. (B) The district attorney general of the fifth judicial district is entitled to five (5) assistant district attorney general positions and one (1) criminal investigator position;
6. (6)
  1. (A) The sixth judicial district shall consist of the county of Knox. The nine (9) incumbent trial court judges and the district attorney general currently residing in such county shall continue to serve the sixth judicial district in their respective capacities. In 1986, the qualified voters of the sixth judicial district shall elect an additional chancellor in accordance with § 16-2-505 to serve part III of the chancery court of such district;
  2. (B) The district attorney general of the sixth judicial district is entitled to sixteen (16) assistant district attorney general positions and two (2) criminal investigator positions;
7. (7)
  1. (A) The seventh judicial district consists of the county of Anderson. The two (2) incumbent trial court judges and the district attorney general currently residing in such county shall continue to serve the seventh judicial district;
  2. (B) The district attorney general of the seventh judicial district is entitled to three (3) assistant district attorney general positions and one (1) criminal investigator position;
8. (8)
  1. (A) The eighth judicial district consists of the counties of Campbell, Claiborne, Fentress, Scott and Union. The three (3) incumbent trial court judges and the district attorney general currently residing in such counties shall continue to serve the eighth judicial district in their respective capacities;
  2. (B) The district attorney general of the eighth judicial district is entitled to six (6) assistant district attorney general positions and two (2) criminal investigator positions;
9. (9)
  1. (A) The ninth judicial district consists of the counties of Loudon, Meigs, Morgan and Roane. The two (2) incumbent trial court judges and the district attorney general currently residing in such counties shall continue to serve the ninth judicial district in their respective capacities. In 1984, the qualified voters of the ninth judicial district shall elect a chancellor in accordance with § 16-2-505 to serve part I of the chancery court of such district;
  2. (B) The district attorney general of the ninth judicial district is entitled to five (5) assistant district attorney general positions and two (2) criminal investigator positions;
10. (10)
  1. (A) The tenth judicial district consists of the counties of Bradley, McMinn, Monroe and Polk. The four (4) incumbent trial court judges and the district attorney general currently residing in such counties shall continue to serve the tenth judicial district in their respective capacities. In 1986, the qualified voters of the tenth judicial district shall elect an additional judge or chancellor in accordance with § 16-2-505 to serve the court and part of court designated pursuant to § 16-2-512;
  2. (B) The district attorney general of the tenth judicial district is entitled to ten (10) assistant district attorney general positions and two (2) criminal investigator positions;
11. (11)
  1. (A) The eleventh judicial district consists of the county of Hamilton. The nine (9) incumbent trial court judges and the district attorney general currently residing in such county shall continue to serve the eleventh judicial district in their respective capacities;
  2. (B) The district attorney general of the eleventh judicial district is entitled to seventeen (17) assistant district attorney general positions and four (4) criminal investigator positions;
12. (12)
  1. (A)
    1. (i) The twelfth judicial district consists of the counties of Bledsoe, Franklin, Grundy, Marion, Rhea and Sequatchie. The three (3) incumbent trial court judges and the district attorney general currently residing in such counties shall continue to serve the twelfth judicial district in their respective capacities. In 1986, the qualified voters of the twelfth judicial district shall elect an additional judge in accordance with § 16-2-505, to serve part III of the circuit court of such district;
    2. (ii) Notwithstanding any other provision of this part to the contrary, from September 1, 1984 until September 1, 1990, the chancellor currently residing in the twelfth judicial district shall also serve as chancellor for Coffee and Warren counties in the fourteenth and thirty-first judicial districts, respectively;
  2. (B) The district attorney general of the twelfth judicial district is entitled to eight (8) assistant district attorney general positions and two (2) criminal investigator positions;
13. (13)
  1. (A)
    1. (i) The thirteenth judicial district consists of the counties of Clay, Cumberland, DeKalb, Overton, Pickett, Putnam and White. The three (3) incumbent trial court judges and the district attorney general currently residing in such counties shall continue to serve the thirteenth judicial district in their respective capacities. In 1984, the qualified voters of the thirteenth judicial district shall elect an additional judge in accordance with § 16-2-505 to serve part II of the circuit court of such district. Effective September 1, 1998, there is created a criminal court in the thirteenth judicial district. At the August 1998 general election, the qualified voters of the thirteenth judicial district shall elect a person in accordance with § 16-2-505, to serve as judge of the criminal court created by this section for an eight-year term;
    2. (ii) Effective September 1, 2023, there is created in the thirteenth judicial district one (1) additional criminal court to be designated as part III. The governor shall appoint a person to serve as judge of part III of the criminal court, and the person so appointed shall serve in that capacity until September 1, 2024, or until the person's successor is elected and qualified. At the August 2024 general election, the qualified voters of the thirteenth judicial district shall elect, in accordance with § 16-2-505, one (1) person to serve as judge of part III of the criminal court created by this section. The person so elected at the August 2024 election shall hold office until September 1, 2030, or until the person's successor is elected and qualified. Thereafter, the judge of part III of the criminal court shall be elected for a full eight-year term.
  2. (B) The district attorney general of the thirteenth judicial district is entitled to eight (8) assistant district attorney general positions and two (2) criminal investigator positions;
14. (14)
  1. (A) The fourteenth judicial district consists of the county of Coffee. The incumbent trial court judge and district attorney general currently residing in such county shall continue to serve the fourteenth judicial district in their respective capacities. In 1990, the qualified voters of the fourteenth judicial district shall elect an additional judge or chancellor in accordance with § 16-2-505, to serve the court and part of court designated pursuant to § 16-2-512. The additional judge elected in 1990 shall serve the fourteenth judicial district exclusively and the judge currently residing in such district shall also have the responsibility and duty to assist the judge of the thirty-first judicial district with the judge's docket by interchange;
  2. (B) The district attorney general of the fourteenth judicial district is entitled to three (3) assistant district attorney general positions and one (1) criminal investigator positions;
15. (15)
  1. (A) The fifteenth judicial district consists of the counties of Jackson, Macon, Smith, Trousdale and Wilson. The three (3) incumbent trial court judges and the district attorney general currently residing in such counties shall continue to serve the fifteenth judicial district. The present criminal court judge shall continue to serve as judge of the criminal court; the present chancellor shall continue to serve as judge of the chancery court; and the present circuit judge shall continue to serve as judge of the circuit court. Effective September 1, 1998, there is created an additional circuit court in the fifteenth judicial district. At the August 1998 general election, the qualified voters of the fifteenth judicial district shall elect a person in accordance with § 16-2-505, to serve as judge of the circuit court created by this section for an eight-year term;
  2. (B) The district attorney general of the fifteenth judicial district is entitled to seven (7) assistant district attorney general positions and two (2) criminal investigator positions;
16. (16)
  1. (A)
    1. (i) The sixteenth judicial district consists of the counties of Cannon and Rutherford. The two (2) incumbent trial court judges and the district attorney general currently residing in such counties shall continue to serve the sixteenth judicial district in their respective capacities. In 1984, the qualified voters of the sixteenth judicial district shall elect an additional judge in accordance with § 16-2-505 to serve part II of the circuit court of such district;
    2. (ii) On May 31, 1993, there is created an additional court in the sixteenth judicial district with the type of such court, type of judge to preside over such court and part of court being designated as provided in § 16-2-512. The position of judge or chancellor for such court is also created on such date and such position shall be filled by appointment as provided by law. The person so appointed shall serve until September 1, 1994, or until such person's successor is elected and qualified. At the August 1994 general election, the qualified voters of the sixteenth judicial district shall elect a judge or chancellor in accordance with § 16-2-505 to serve the court and part of court created by subdivision (16)(A)(ii);
    3. (iii) Effective September 1, 1998, there is created an additional circuit court in the sixteenth judicial district. At the August 1998 general election, the qualified voters of the sixteenth judicial district shall elect a person in accordance with § 16-2-505, to serve as judge of the circuit court created by this section for an eight-year term;
    4. (iv) Effective September 1, 2018, there is created an additional trial court in the sixteenth judicial district. The type of court, type of judge to preside over the court, and part of court shall be designated as provided in § 16-2-512. The governor shall appoint a person to serve as an additional judge or chancellor, and the person so appointed shall serve in that capacity until September 1, 2020, or until the person's successor is elected and qualified. At the August 2020 general election, the qualified voters of the sixteenth judicial district shall elect an additional judge or chancellor to serve until September 1, 2022, or until the person's successor is elected and qualified. At the August 2022 general election, and every eight (8) years thereafter, the qualified voters of the sixteenth judicial district shall elect an additional judge or chancellor for a full eight-year term;
  2. (B) The district attorney general of the sixteenth judicial district is entitled to ten (10) assistant district attorney general positions and one (1) criminal investigator position;
17. (17)
  1. (A) The seventeenth judicial district consists of the counties of Bedford, Lincoln, Marshall and Moore. The two (2) incumbent trial court judges and the district attorney general currently residing in such counties shall continue to serve the seventeenth judicial district in their respective capacities. Effective September 1, 1989, there is created the position of circuit court judge to serve part II of the circuit court of the seventeenth judicial district. Such position shall be filled by appointment of the governor as provided by law and the person so appointed shall serve until September 1, 1990, or until such person's successor is elected and qualified. In 1990, the qualified voters of the seventeenth judicial district shall elect a circuit court judge in accordance with § 16-2-505, to serve part II of the circuit court of such district. The judge of part II of such circuit court may be a resident of any county within the seventeenth judicial district and shall serve the entire district;
  2. (B) The district attorney general of the seventeenth judicial district is entitled to five (5) assistant district attorney general positions and one (1) criminal investigator position;
18. (18)
  1. (A)
    1. (i) The eighteenth judicial district consists of the county of Sumner. The two (2) incumbent trial court judges and the district attorney general currently residing in such county shall continue to serve the eighteenth judicial district in their respective capacities. In 1986, the qualified voters of the eighteenth judicial district shall elect an additional judge or chancellor in accordance with § 16-2-505 to serve the court and part of court designated pursuant to § 16-2-512;
    2. (ii) Notwithstanding any other provision of this part to the contrary, from September 1, 1984 until September 1, 1990, the circuit court judge currently residing in the eighteenth judicial district shall also serve the nineteenth judicial district;
    3. (iii) Effective September 1, 2024, there is created in the eighteenth judicial district one (1) additional trial court. The governor shall appoint a person to serve as judge of the trial court created by this subdivision (18)(A)(iii). The person so appointed shall serve in that capacity until September 1, 2026, or until the person's successor is elected and qualified. At the August 2026 general election, the qualified voters of the eighteenth judicial district shall elect, in accordance with § 16-2-505, one (1) person to serve as judge of the trial court created by this subdivision (18)(A)(iii). The person so elected at the August 2026 general election shall hold office until September 1, 2030, or until the person's successor is elected and qualified. Thereafter, the judge of the trial court created by this subdivision (18)(A)(iii) must be elected for a full eight-year term.
  2. (B) The district attorney general of the eighteenth judicial district is entitled to seven (7) assistant district attorney general positions and two (2) criminal investigator positions;
19. (19)
  1. (A)
    1. (i) The nineteenth judicial district consists of the counties of Montgomery and Robertson. The two (2) incumbent trial court judges and the district attorney general currently residing in such counties shall continue to serve the nineteenth judicial district in their respective capacities. In 1984, the qualified voters of the nineteenth judicial district shall elect an additional judge in accordance with § 16-2-505 to serve part I of the circuit court of such district;
    2. (ii) Notwithstanding any other provision of this part to the contrary, from September 1, 1984 until September 1, 1988, the chancellor currently residing in the nineteenth judicial district shall also serve as chancellor for Stewart County in the twenty-third judicial district;
    3. (iii) The circuit court judge elected in 1984 to serve part I of the circuit court of the nineteenth judicial district shall be a resident of Robertson County but shall serve the entire district. In any subsequent election for part I of such circuit court, the judge may be a resident of any county within the district. Notwithstanding any other provision of this part to the contrary, from September 1, 1984 until September 1, 1986, the circuit judge for the nineteenth judicial district is authorized to sit by interchange in the eighteenth judicial district when requested to do so by the judges of the eighteenth judicial district. During such two-year period, nothing other than the agreement of the judges involved is necessary to effectuate such an interchange;
    4. (iv) Effective September 1, 1984, the law and equity court currently located in Montgomery County shall become part II of the circuit court of the nineteenth judicial district and the current law and equity judge shall become judge of part II of such circuit court. On such date, such law and equity judge shall possess the same jurisdiction, powers and duties and shall receive the same compensation, benefits, emoluments and dignity of office as is required or provided by law for circuit court judges;
    5. (v) In 1990, the qualified voters of the nineteenth judicial district shall elect an additional circuit court judge in accordance with § 16-2-505 to serve part III of the circuit court of such district;
    6. (vi) Effective September 1, 2015, there is created in the nineteenth judicial district one (1) additional circuit court to be designated as division IV. The governor shall appoint a person to serve as judge of division IV of the circuit court. The person so appointed shall serve in such capacity until September 1, 2016, or until the person's successor is elected and qualified. At the August 2016 general election, the qualified voters of the nineteenth judicial district shall elect, in accordance with § 16-2-505, one (1) person to serve as judge of division IV of the circuit court. The person so elected at the August 2016 general election shall hold office until September 1, 2022, or until the person's successor is elected and qualified. Thereafter, the judge of division IV of the circuit court shall be elected for a full eight-year term;
    7. (vii) Effective September 1, 2018, there is created an additional trial court in the nineteenth judicial district. The type of court, type of judge to preside over the court, and part of court shall be designated as provided in § 16-2-512. The governor shall appoint a person to serve as an additional judge or chancellor, and the person so appointed shall serve in that capacity until September 1, 2020, or until the person's successor is elected and qualified. At the August 2020 general election, the qualified voters of the nineteenth judicial district shall elect an additional judge or chancellor to serve until September 1, 2022, or until the person's successor is elected and qualified. At the August 2022 general election, and every eight (8) years thereafter, the qualified voters of the nineteenth judicial district shall elect an additional judge or chancellor for a full eight-year term;
    8. (viii) Effective September 1, 2023, there is created in the nineteenth judicial district one (1) additional circuit court to be designated as part VI. The governor shall appoint a person to serve as judge of part VI of the circuit court, and the person so appointed shall serve in that capacity until September 1, 2024, or until the person's successor is elected and qualified. At the August 2024 general election, the qualified voters of the nineteenth judicial district shall elect, in accordance with § 16-2-505, one (1) person to serve as judge of part VI of the circuit court. The person so elected at the August 2024 general election shall hold office until September 1, 2030, or until the person's successor is elected and qualified. Thereafter, the judge of part VI of the circuit court shall be elected for a full eight-year term;
    9. (ix) Effective September 1, 2024, there is created an additional trial court in the nineteenth judicial district. The type of court, type of judge to preside over the court, and part of court shall be designated as provided in § 16-2-512. The governor shall appoint a person to serve as an additional judge or chancellor, and the person so appointed shall serve in that capacity until September 1, 2026, or until the person's successor is elected and qualified. At the August 2026 general election, the qualified voters of the nineteenth judicial district shall elect, in accordance with § 16-2-505, an additional judge or chancellor to serve until September 1, 2030, or until the person's successor is elected and qualified. Thereafter, the qualified voters of the nineteenth judicial district shall elect an additional judge or chancellor for a full eight-year term.
  2. (B) The district attorney general of the nineteenth judicial district is entitled to ten (10) assistant district attorney general positions and one (1) criminal investigator position;
20. (20)
  1. (A)
    1. (i) The twentieth judicial district consists of the county of Davidson. The twelve (12) incumbent trial court judges and the district attorney general currently residing in such county shall continue to serve the twentieth judicial district in their respective capacities. In 1990, the qualified voters of the twentieth judicial district shall elect an additional judge or chancellor in accordance with § 16-2-505 to serve the court and part of court designated pursuant to § 16-2-512. In 1998, the qualified voters of the twentieth judicial district shall elect an additional circuit court judge in accordance with § 16-2-505 to serve as judge of division VII of the circuit court of such district. In addition to the jurisdiction of a circuit court judge, the judge of division VII shall have concurrent chancery court jurisdiction and exclusive jurisdiction over the probate of wills and the administration of estates, including the estates of decedents and of wards under guardianships and conservatorships. Effective September 1, 1998, there is created an additional circuit court in the twentieth judicial district. At the August 1998 general election, the qualified voters of the twentieth judicial district shall elect a person in accordance with § 16-2-505, to serve as judge of the circuit court created by this section for an eight-year term;
    2. (ii) Effective September 1, 2003, there is created in the twentieth judicial district one (1) additional chancery court to be designated as division IV and two (2) additional criminal courts to be designated as division V and division VI. The governor shall appoint a person to serve as chancellor of division IV of the chancery court, a person to serve as judge of division V of the criminal court and a person to serve as judge of division VI of the criminal court. The persons so appointed shall serve in such capacity until September 1, 2004, or until their successors are elected and qualified. At the August 2004 general election, the qualified voters of the twentieth judicial district shall elect, in accordance with § 16-2-505, one (1) person to serve as chancellor of division IV of the chancery court, one (1) person to serve as judge of division V of the criminal court and one (1) person to serve as judge of division VI of the criminal court. The persons so elected at the August 2004 election shall hold office until September 1, 2006, and until their successors are elected and qualified. Thereafter, the chancellor and judges shall be elected for full eight-year terms;
  2. (B) The district attorney general of the twentieth judicial district is entitled to thirty (30) assistant district attorney general positions and five (5) criminal investigator positions;
21. (21)
  1. (A)
    1. (i) Until September 1, 2022, the twenty-first judicial district consists of the counties of Hickman, Lewis, Perry and Williamson. The two (2) incumbent trial court judges and the district attorney general currently residing in such counties shall continue to serve the twenty-first judicial district in their respective capacities. In 1986, the qualified voters of the twenty-first judicial district shall elect an additional judge or chancellor in accordance with § 16-2-505 to serve the court and part of court designated pursuant to § 16-2-512. Effective January 1, 1998, there is created an additional circuit court in the twenty-first judicial district. At the August 1998 general election, the qualified voters of the twenty-first district shall elect a person in accordance with § 16-2-505, to serve as judge of the circuit court created by this section for an eight-year term;
    2. (ii) Effective September 1, 2018, there is created an additional trial court in the twenty-first judicial district. The type of court, type of judge to preside over the court, and part of court shall be designated as provided in § 16-2-512. The governor shall appoint a person to serve as an additional judge or chancellor, and the person so appointed shall serve in that capacity until September 1, 2020, or until the person's successor is elected and qualified. At the August 2020 general election, the qualified voters of the twenty-first judicial district shall elect an additional judge or chancellor to serve until September 1, 2022, at which time the additional trial court shall be transferred to the newly created thirty-second judicial district and presided over by a trial court judge elected by voters of the thirty-second judicial district at the August 2022 general election;
    3. (iii) It is the intent of the general assembly by adding an additional trial court in the twenty-first judicial district that the interests of public access to the courts and economy of judicial travel are best served by the presiding judge designating the new trial court created by subdivision (21)(A)(ii) to serve Hickman, Lewis, and Perry counties prior to being transferred to the thirty-second judicial district. Unless otherwise designated by the presiding judge to effectuate the duties enumerated in § 16-2-509(b), the remaining judges shall serve Williamson County;
  2. (B)
    1. (i) Effective September 1, 2022, the twenty-first judicial district consists of the county of Williamson. Except as provided in subdivision (21)(A)(iii), the incumbent trial court judges and the district attorney general currently residing in the county shall continue to serve the twenty-first judicial district in their respective capacities until September 1, 2022. At the August 2022 general election, and every eight (8) years thereafter, the qualified voters of Williamson County shall elect four (4) trial court judges to fill the positions created by subdivision (21)(A)(i) for a full eight-year term;
    2. (ii) Effective September 1, 2022, the additional trial court created by subdivision (21)(A)(ii) shall be transferred to the thirty-second judicial district;
  3. (C) The district attorney general of the twenty-first judicial district is entitled to seven (7) assistant district attorney general positions, one (1) criminal investigator position, and one (1) additional assistant district attorney general position; provided, that the funding for such additional assistant district attorney general position is provided exclusively by the municipal and county governments that comprise the twenty-first judicial district;
22. (22)
  1. (A)
    1. (i) The twenty-second judicial district consists of the counties of Giles, Lawrence, Maury and Wayne. The three (3) incumbent trial court judges and the district attorney general currently residing in such counties shall continue to serve the twenty-second judicial district in their respective capacities. Effective September 1, 1998, there is created an additional circuit court in the twenty-second judicial district. At the August 1998 general election, the qualified voters of the twenty-second judicial district shall elect a person in accordance with § 16-2-505, to serve as judge of the circuit court created by this section for an eight-year term;
    2. (ii) Effective September 1, 2023, there is created in the twenty-second judicial district one (1) additional circuit court to be designated as division V. The governor shall appoint a person to serve as judge of division V of the circuit court, and the person so appointed shall serve in that capacity until September 1, 2024, or until the person's successor is elected and qualified. At the August 2024 general election, the qualified voters of the twenty-second judicial district shall elect, in accordance with § 16-2-505, one (1) person to serve as judge of division V. The person so elected at the August 2024 election shall hold office until September 1, 2030, or until the person's successor is elected and qualified. Thereafter, the judge of division V of the circuit court shall be elected for a full eight-year term.
  2. (B) The district attorney general of the twenty-second judicial district is entitled to eight (8) assistant district attorney general positions and two (2) criminal investigator positions;
23. (23)
  1. (A)
    1. (i) The twenty-third judicial district consists of the counties of Cheatham, Dickson, Houston, Humphreys and Stewart. The two (2) incumbent trial court judges and the district attorney general currently residing in such counties shall continue to serve the twenty-third judicial district in their respective capacities. In 1988, the qualified voters of the twenty-third judicial district shall elect an additional judge or chancellor in accordance with § 16-2-505 to serve the court and part of court designated pursuant to § 16-2-512;
    2. (ii) Effective September 1, 2024, there is created in the twenty-third judicial district one (1) additional circuit court to be designated as division IV. The governor shall appoint a person to serve as judge of division IV of the circuit court, and the person so appointed shall serve in that capacity until September 1, 2026, or until the person's successor is elected and qualified. At the August 2026 general election, the qualified voters of the twenty-third judicial district shall elect, in accordance with § 16-2-505, one (1) person to serve as judge of division IV of the circuit court. The person so elected at the August 2026 election shall hold office until September 1, 2030, or until the person's successor is elected and qualified. Thereafter, the judge of division IV of the circuit court shall be elected for a full eight-year term;
  2. (B) The district attorney general of the twenty-third judicial district is entitled to seven (7) assistant district attorney general positions and two (2) criminal investigator positions. The fifth assistant district attorney general position shall not be filled unless full funding for the position is secured from local, federal or other funding sources apart from state appropriations;
24. (24)
  1. (A) The twenty-fourth judicial district consists of the counties of Benton, Carroll, Decatur, Hardin and Henry. The two (2) incumbent trial court judges and the district attorney general currently residing in such counties shall continue to serve the twenty-fourth judicial district in their respective capacities. In 1984, the qualified voters of the twenty-fourth judicial district shall elect an additional judge in accordance with § 16-2-505 to serve part II of the circuit court of such district;
  2. (B) The district attorney general of the twenty-fourth judicial district is entitled to five (5) assistant district attorney general positions and one (1) criminal investigator position;
25. (25)
  1. (A) The twenty-fifth judicial district consists of the counties of Fayette, Hardeman, Lauderdale, McNairy and Tipton. The three (3) incumbent trial court judges and the district attorney general currently residing in such counties shall continue to serve the twenty-fifth judicial district in their respective capacities. In 1990, the qualified voters of the twenty-fifth judicial district shall elect an additional judge or chancellor in accordance with § 16-2-505 to serve the court and part of court designated pursuant to § 16-2-512;
  2. (B) The district attorney general of the twenty-fifth judicial district is entitled to nine (9) assistant district attorney general positions and one (1) criminal investigator position;
26. (26)
  1. (A) The twenty-sixth judicial district consists of the counties of Chester, Henderson and Madison. The three (3) incumbent trial court judges and the district attorney general currently residing in such counties shall continue to serve the twenty-sixth judicial district in their respective capacities. Effective September 1, 1998, there is created an additional circuit court in the twenty-sixth judicial district. At the August 1998 general election, the qualified voters of the twenty-sixth judicial district shall elect a person in accordance with § 16-2-505, to serve as judge of the circuit court created by this section for an eight-year term;
  2. (B) The district attorney general of the twenty-sixth judicial district is entitled to seven (7) assistant district attorney general positions and one (1) criminal investigator position;
27. (27)
  1. (A) The twenty-seventh judicial district consists of the counties of Obion and Weakley. The two (2) incumbent trial court judges and the district attorney general currently residing in such counties shall continue to serve the twenty-seventh judicial district in their respective capacities;
  2. (B) The district attorney general of the twenty-seventh judicial district is entitled to three (3) assistant district attorney general positions and one (1) criminal investigator position;
28. (28)
  1. (A)
    1. (i) The twenty-eighth judicial district consists of the counties of Crockett, Gibson and Haywood. The two (2) incumbent trial court judges and the district attorney general currently residing in such counties shall continue to serve the twenty-eighth judicial district in their respective capacities;
    2. (ii) Effective September 1, 1984, the law and equity court currently located in Gibson County shall become a chancery court for the twenty-eighth judicial district and the current law and equity judge shall become a chancellor who on such date shall possess the same jurisdiction, powers and duties and shall receive the same compensation, benefits, emoluments and dignity of office as is required or provided by law for chancellors;
  2. (B) The district attorney general of the twenty-eighth judicial district is entitled to five (5) assistant district attorney general positions and one (1) criminal investigator position;
29. (29)
  1. (A)
    1. (i) The twenty-ninth judicial district consists of the counties of Dyer and Lake. The two (2) incumbent trial court judges and the district attorney general currently residing in such counties shall continue to serve the twenty-ninth judicial district in their respective capacities. Juvenile jurisdiction in Dyer County shall be in the court of general sessions as provided in §§ 37-1-102 and 37-1-203, unless such jurisdiction is vested in another court by law or private act;
    2. (ii) Effective April 15, 1986, part II of the circuit court of the twenty-ninth judicial district shall become part I of the chancery court of such district and the current judge of part II of such circuit court shall become chancellor of part I of the chancery court of such district. On such date, such chancellor shall possess the same jurisdiction, powers and duties and shall receive the same compensation, benefits, emoluments and dignity of office as is required or provided by law for chancellors. This chancellor shall have concurrent jurisdiction with the circuit court of this district;
  2. (B) The district attorney general of the twenty-ninth judicial district is entitled to three (3) assistant district attorney general positions and one (1) criminal investigator position;
  3. (C) Effective September 1, 1984, there is created the position of secretary for the chancellor of part I of the chancery court of the twenty-ninth judicial district and such chancellor is authorized to employ a person to fill such position in accordance with § 16-2-505(c);
30. (30)
  1. (A) The thirtieth judicial district is composed of the county of Shelby. The nineteen (19) incumbent trial court judges and the district attorney general currently residing in such county shall continue to serve the thirtieth judicial district in their respective capacities. In 1984, the qualified voters of the thirtieth judicial district shall elect an additional judge in accordance with § 16-2-505 to serve part IX of the circuit court of such district. In 1990, the qualified voters of the thirtieth judicial district shall elect one (1) additional criminal court judge in accordance with § 16-2-505 to serve part IX of the criminal court of such district. The board of commissioners of Shelby County shall furnish all books other than those provided by the administrative director of the courts and other necessary supplies for the judge to be elected in 1990. On June 6, 1995, there is created an additional criminal court in the thirtieth judicial district. The court shall be Part X of the criminal court of such district. The position shall be filled by appointment as provided by law. The person so appointed shall serve until September 1, 1996, or until such person's successor is elected and qualified. At the August 1996 general election, the qualified voters of the thirtieth judicial district shall elect a criminal court judge in accordance with § 16-2-505 to serve Part X of the court;
  2. (B) The district attorney general of the thirtieth judicial district is entitled to forty-four (44) assistant district attorney general positions and thirteen (13) criminal investigator positions;
  3. (C) Effective September 1, 2024, part VII of the circuit court in the thirtieth judicial district, which is vacant on September 1, 2024, is eliminated. Any cases pending in part VII of the circuit court on that date must be transferred to other circuit courts within the judicial district;
  4. (D) On May 21, 2024, part IX of the criminal court in the thirtieth judicial district, which is vacant on that date, is eliminated. Any cases pending in part IX of the criminal court on that date must be transferred to other criminal courts within the judicial district;
  5. (E) Effective July 1, 2024, local rule shall address any identifiable backlog within the thirtieth judicial district by appropriately distributing cases, pursuant to Supreme Court Rule 11;
31. (31)
  1. (A) The thirty-first judicial district consists of the counties of Van Buren and Warren. The incumbent trial court judge currently residing in such counties shall continue to serve the thirty-first judicial district. The judge residing in the thirty-first judicial district shall also have the responsibility and duty to assist the judge of the fourteenth judicial district by interchange with such judge's docket;
  2. (B)
    1. (i) Effective September 1, 1990, there is created the position of district attorney general for the thirty-first judicial district. At the regular August election in 1990, the qualified voters of the thirty-first judicial district shall elect a person to the position of district attorney general for a full eight-year term. The person elected to such position shall possess the same qualifications, powers and duties and shall receive the same compensation, payable in the same manner, benefits, emoluments and dignity of office as is required or provided by law for other district attorneys general;
    2. (ii) Effective July 1, 1989, there are created two (2) secretarial positions for the district attorney general of the thirty-first judicial district. Such district attorney general shall select a suitable person to fill one (1) position and such person shall receive the same compensation, payable in the same manner, as is provided by law for the secretary of other district attorneys general. The secretary shall perform such duties as may be assigned by such district attorney general. Such district attorney general shall transfer all authority and funding concerning the other secretarial position to the district attorney general for the fourth judicial district who shall select a suitable person to fill the other position, and such person shall receive the same compensation, payable in the same manner, as is provided by law for the secretary of other district attorneys general. The secretary shall perform such duties as may be assigned by the district attorney general for the fourth judicial district;
    3. (iii) The district attorney general of the thirty-first judicial district is entitled to three (3) assistant district attorney general positions and one (1) criminal investigator position;
    4. (iv) On September 1, 1990, the office space and all state-owned furniture, equipment, supplies, books and other such office property located in the Warren County courthouse and currently being used by the district attorney general of the fourteenth judicial district, or by one (1) of the district attorney general's assistants or investigators, shall be transferred for the use of the district attorney of the thirty-first judicial district. On and after such date, all such office space and other office property located in the Warren County courthouse shall become the space for and property of the office of district attorney general for the thirty-first judicial district. Nothing contained herein shall be construed as prohibiting such district attorney general from also establishing an office in the other county comprising the thirty-first judicial district;
    5. (v) By September 1, 1990, all records, files, papers and other official documents pertaining to any pending or completed case arising out of any of the counties comprising the thirty-first judicial district shall be transferred to and become the property of the office of district attorney general for the thirty-first judicial district;
    6. (vi) Notwithstanding any other law or this subdivision (31) to the contrary, if a vacancy occurs in the office of the district attorney general currently serving the thirty-first judicial district, the governor shall appoint a suitable person to serve as district attorney general for such district. The person so appointed shall possess all of the qualifications required by law for district attorneys general and shall serve until September 1, 1990, or until the district attorney general to be elected by the voters of the thirty-first judicial district pursuant to this subdivision (31)(B) is elected and qualified; and
32. (32)
  1. (A) Effective September 1, 2022, the thirty-second judicial district consists of the counties of Hickman, Lewis, and Perry. The incumbent trial court judge elected pursuant to subdivision (21)(A)(ii) shall continue to serve the twenty-first judicial district until September 1, 2022, at which time the additional trial court created by subdivision (21)(A)(ii) shall be transferred to the thirty-second judicial district and presided over by a trial court judge to be elected by voters of the thirty-second judicial district at the August 2022 general election. Every eight (8) years thereafter, the qualified voters of the thirty-second judicial district shall elect a judge or chancellor for a full eight-year term;
  2. (B)
    1. (i) Effective September 1, 2022, there is created the position of district attorney general for the thirty-second judicial district. At the regular August election in 2022, the qualified voters of the thirty-second judicial district shall elect a person to the position of district attorney general for a full eight-year term. The person elected to such position shall possess the same qualifications, powers, and duties and shall receive the same compensation, payable in the same manner, benefits, emoluments, and dignity of office as is required or provided by law for other district attorneys general;
    2. (ii) The district attorney general of the thirty-second judicial district is entitled to three (3) assistant district attorney general positions, one (1) administrative assistant position, two (2) secretary positions, one (1) criminal investigator position, and two (2) victim-witness coordinator positions;
    3. (iii) On September 1, 2022, the office space and all state-owned furniture, equipment, supplies, books, and other such office property located in the Centerville or Hohenwald offices of the district attorney general of the twenty-first district and currently being used by the district attorney general of the twenty-first judicial district, or by one (1) of the district attorney general's assistants or investigators, shall be transferred for the use of the district attorney of the thirty-second judicial district. On and after such date, all such office space and other office property located in the Centerville and Hohenwald offices shall become the space for and property of the office of district attorney general for the thirty-second judicial district. Nothing in this subdivision (32)(B)(iii) prohibits the district attorney general from also establishing another office in the thirty-second judicial district; and
    4. (iv) By September 1, 2022, all records, files, papers, and other official documents pertaining to any pending or completed case arising out of any of the counties comprising the thirty-second judicial district shall be transferred to and become the property of the office of district attorney general for the thirty-second judicial district;
  3. (C) An employee of the twenty-first judicial district who transfers to the same position in the thirty-second judicial district as of September 1, 2022, must retain the same level of salary and benefits, subject to appropriation by the general assembly in the annual appropriations act.

History (49)

Acts 1984, ch. 931, § 6
1985, ch. 474, § 1
1986, ch. 746, §§ 1, 2
1986, ch. 813, § 1
1988, ch. 725, § 1
1988, ch. 773, § 1
1988, ch. 804, § 1
1989, ch. 118, § 1
1989, ch. 144, § 1
1989, ch. 148, § 1
1989, ch. 529, § 1
1989, ch. 530, §§ 1, 2
1989, ch. 586, §§ 1, 2
1990, ch. 687, § 1
1990, ch. 842, § 1
1990, ch. 914, § 1
1990, ch. 998, § 1
1990, ch. 1013, § 1
1990, ch. 1058, §§ 1, 2
1990, ch. 1064, § 1
1991, ch. 287, § 1
1991, ch. 435, § 1
1991, ch. 474, § 1
1992, ch. 593, § 1
1992, ch. 961, § 1
1993, ch. 66, § 15
1993, ch. 330, § 1
1993, ch. 506, § 3
1994, ch. 540, § 1
1994, ch. 804, §§ 1, 2
1994, ch. 937, §§ 2-31
1994, ch. 949, § 1
Priv. Acts 1995, ch. 62, § 1
Acts 1995, ch. 398, § 1
1997, ch. 120, § 1
1997, ch. 450, § 1-8
1998, ch. 771, §§ 1-25
1999, ch. 179, § 1
2001, ch. 361, § 1
2003, ch. 216, § 1
2005, ch. 31, §§ 1-23
2015, ch. 437, § 1
2018, ch. 974, §§ 1-3
2020, ch. 530, §§ 1-3
2021, ch. 581, § 1
2023, ch. 396, §§ 1-3
2024, ch. 600, § 1
2024, ch. 880, § 1
2024, ch. 977, §§ 1-4.

§ 16-2-507. Incumbent judges — Cooperation between judges.

(a) All incumbent trial court judges shall hold office in and serve the judicial district of which they have been designated by § 16-2-506.
(b) It is the affirmative duty of every trial court judge to fully cooperate with the presiding judge and the other judges in the district.

History (1)

Acts 1984, ch. 931, § 7.

§ 16-2-508. District attorneys general — Powers and duties — Assistant district attorneys general — Criminal investigators — Other positions.

(a) All incumbent district attorneys general shall hold office in and serve the judicial district to which they are assigned by § 16-2-506. The district attorneys general shall exercise and possess the jurisdiction, powers and duties within the judicial districts created by this part as are conferred by law upon district attorneys general. This part shall not be construed to make any reduction in the staff of any district attorney general, and any legislative act that creates assistant district attorney general, criminal investigator or other positions, or that otherwise affects or involves the office of district attorney general in a particular judicial district or attorney's district as it is presently numbered or identified is made applicable to the judicial district to which the present district attorney general is assigned by this part. Nothing in this part shall be construed as affecting a county's authority to provide staff and other resources to the district attorney general of the district in which the county is located.
(b) Except in the judicial districts comprised of the urban counties of Shelby, Davidson, Knox, Hamilton and Sullivan, the district attorney general of each judicial district shall be entitled to at least one (1) assistant district attorney general position for each trial court judge in the judicial district to which the district attorney general is assigned, as well as either one (1) additional assistant district attorney general position if the judicial district is comprised of four (4) or more counties, or two (2) additional assistant district attorney general positions if the judicial district is comprised of more than six (6) counties. If an additional trial court judge is added to a judicial district, and that district does not already have sufficient assistant district attorney general positions to satisfy the formula set out in this subsection (b), an additional assistant district attorney general position shall be created for that district upon the effective date of the creation of the new judicial position.
(c) The district attorney general of any judicial district in which an assistant district attorney general position is created by this part shall appoint a suitable person to serve as assistant district attorney general. The person so appointed shall serve at the pleasure of the district attorney general, and shall perform the duties the district attorney general requires. Each person so appointed shall be compensated as provided for by general law.
(d) Except for the assistant district attorney general position created annually by former subsection (c) and those created when, pursuant to § 16-2-506, an additional trial court judge is elected in 1986, 1988 or 1990, the number of such assistant positions set out in § 16-2-506 shall be the total number of positions to which the corresponding district attorney general is entitled, and nothing in this section shall be construed as creating any assistant positions in excess of such number.
(e)
1. (1) The district attorneys general shall appoint suitable individuals to the position of criminal investigator. The individuals so appointed shall perform such duties as the district attorney general may direct, and shall serve at the pleasure of the district attorney general.
2. (2) In carrying out the duties of the criminal investigator's office, each of the criminal investigators shall possess the same power and authority as deputies of the county sheriffs or if the judicial district includes a metropolitan form of government then their power and authority shall include all police powers of law enforcement officers in that area metropolitan government. The compensation of such investigators shall be as provided by general law.

History (6)

Acts 1984, ch. 931, § 8
1986, ch. 813, §§ 2, 3
1989, ch. 144, § 2
1996, ch. 996, § 2
2013, ch. 21, § 2
2013, ch. 68, § 3.

§ 16-2-509. Presiding judges.

(a) The judges in each judicial district shall assemble for the purpose of selecting a presiding judge of the district. In August of each year, the judges within each district shall assemble at the call of the presiding judge and select a successor to such presiding judge who shall serve until September 1 of the following year. If upon any selection date the judges in any district fail to choose or are unable to agree upon the selection of a presiding judge, the chief justice of the supreme court shall designate one (1) of their number to serve.
(b) It is the duty of the presiding judge to:
1. (1) Reduce docket delays and hold congestion to a minimum;
2. (2) Seek and maintain an equitable distribution of the workload and an equal sharing of the bench and chambers time necessary to dispose of the business of the district;
3. (3) Promote the orderly and efficient administration of justice within the district; and
4. (4) Take immediate and affirmative action to correct or alleviate any caseload imbalance, or any condition adversely affecting the administration of justice within the district over which the judge presides.
Backlinks (1)
- 16-2-506(21)(A)(iii)
(c) To effectuate the duties enumerated in subsection (b), the presiding judge may assign cases to judges and chancellors within the district over which the judge presides. In assigning cases, the presiding judge shall, whenever possible and not detrimental to the orderly and efficient administration of justice, give due regard to the court upon which the judge or chancellor serves, the judge's or chancellor's particular background, experience and preference and economy of judicial travel time.
(d) If a presiding judge is unable to correct a caseload imbalance or reduce docket delays utilizing the available judges within the district over which the judge presides, it is the affirmative duty of the presiding judge to contact other presiding judges and request assistance or contact the supreme court and request assistance pursuant to § 16-3-502.
(e) This part shall not be construed as altering or modifying any law concerning interchange by agreement.

History (2)

Acts 1984, ch. 931, § 9
2005, ch. 26, § 1.

§ 16-2-510. Holding of court — Terms abolished — Grand juries.

(a) Court shall be held within each judicial district at such times and on such dates as the judges of each judicial district fix by rule. Court shall be held in each county within the district as often as is necessary to dispose of the business of the court. Not less than thirty (30) days prior to the rule taking effect, the rule shall be published and circulated to the practicing bar, and filed with the administrative director of the courts.
(b) Terms of court are abolished and the minutes of all courts shall remain open continuously. Any reference in Tennessee Code Annotated to the beginning of a term of court shall be deemed to be a reference to the appropriate date fixed by rule as provided by this section.
(c) New grand juries shall be impaneled at least twice a year at times selected by the presiding judge of the district. The presiding judge within each district shall be responsible for designating the foreperson and for impaneling, charging and receiving the report of the grand jury, but may designate another judge to perform these responsibilities. In those districts in which there is a criminal court judge or judges, the criminal court judge or judges shall perform the duties pertaining to the grand jury assigned to the presiding judge by this subsection (c).

History (2)

Acts 1984, ch. 931, § 10
1993, ch. 66, § 16.

§ 16-2-511. Uniform rules of practice — Designation of court by certain types of cases.

Uniform rules of practice may be promulgated in each district by the judges of the district. The rules shall be consistent with the statutory law, the rules of the supreme court and the rules of criminal and civil procedure. The judges within a district may, by rule, designate courts or parts of a court that will be primarily responsible for hearing certain types of cases or cases dealing with certain areas of the law. Not less than thirty (30) days prior to the rules taking effect, copies of the rules shall be published and circulated to the practicing bar and filed with the administrative director of the courts.

History (2)

Acts 1984, ch. 931, § 11
1993, ch. 66, § 17.

§ 16-2-512. Recommendations classifying elected additional judges.

(a) Where § 16-2-506 requires the election of an additional judge in a judicial district, the presiding judge of the district shall notify the trial court vacancy commission in writing of the judge's recommendation as to whether the additional judge will be a circuit court judge, criminal court judge, or chancellor and of the part of court the judge or chancellor will serve. The recommendation must be made by January 1 of the year in which the additional judge is to be elected and must be made only after consultation with all other trial level judges in the district, all local bar associations in the district, and any other person or group with an interest in the recommendation.
(b) The trial court vacancy commission has thirty (30) days from receipt of the written recommendation provided for in subsection (a) to approve or reject it; provided, that the recommendation stands approved unless rejected by a two-thirds (⅔) vote of the entire commission. No recommendation shall be rejected except following a public hearing of the commission held upon ten (10) days' advance notice to the presiding judge who made the recommendation and to the public. At the hearing, interested parties may present evidence on the issue. If the recommendation is not approved or rejected within thirty (30) days, the recommendation is considered approved.
(c) Upon the trial court vacancy commission's approval of a recommendation pursuant to this section, it shall notify the governor of its decision. Upon receiving this recommendation, the governor shall send notice that a vacancy has occurred to the commission and shall fill the vacancy in accordance with title 17, chapter 4, part 3.
(d) The administrative director of the courts shall notify the presiding judge of the affected district of the commission's action and shall notify the election commission of each county in the affected district of the type of judge and part of court of the judge to be elected. Upon receiving such information, each election commission shall prepare the ballot to be used in such judicial election accordingly.

Backlinks (14)

History (5)

Acts 1984, ch. 931, § 12
1993, ch. 66, § 18
1993, ch. 506, § 4
2001, ch. 268, § 2
2019, ch. 420, § 7.

§ 16-2-513. Formula for determining need for additional judges — Annual report.

(a) The comptroller of the treasury shall devise and maintain a weighted caseload formula for the purpose of determining the need for creation or reallocation of judicial positions using case weights derived from the most recent weighted caseload study. The comptroller of the treasury shall update the formula at least annually. The comptroller of the treasury may adjust the formula as necessary to reflect the impact of any legislative enactment that is material to judicial caseloads.
Backlinks (1)
- 16-1-117(a)(1)
(b) Each district attorney general and each public defender, separately or through the appropriate conference, the council of juvenile and family court judges and the administrative office of the courts shall provide to the comptroller of the treasury information that the comptroller of the treasury determines is necessary to accomplish the purposes of this section. This information shall include caseload totals by appropriate case type for each study and total number of judicial, child support magistrates, district attorney and public defender resources for each district, noting how many are funded by the federal, state or local government. This data is to be provided to the comptroller in electronic and hard copy form on or before October 15 of each year.
(c) Using such formula, information and adjustments, the comptroller of the treasury shall annually publish a weighted caseload report analyzing the current distribution of judicial positions throughout the state as well as the current need, if any, for creation of or reallocation of such positions.
(d) The processing of case data by the administrative office of the courts for the purpose of providing the comptroller of the treasury with the information necessary to complete the weighted caseload study shall be subject to audit by the comptroller of the treasury. The audit shall ensure that the validation, verification and compilation of case data are performed in accordance with § 16-1-117(a).

Backlinks (1)

16-2-522(c)

History (5)

Acts 1984, ch. 931, § 13
1989, ch. 240, §§ 1-4
2001, ch. 408, § 5
2002, ch. 791, § 5
2009, ch. 235, § 1.

§ 16-2-514. Incumbent clerks and masters.

(a) Nothing in this part shall be construed to limit, terminate or otherwise affect the term or future terms of office of any circuit court clerk, criminal court clerk or clerk and master. All such incumbents shall continue in office until the expiration of their respective terms of office and shall be eligible for reelection and reappointment.
(b) Nothing in this part shall be construed to require, permit or authorize the consolidation of the offices of clerk and master, circuit court clerk or criminal court clerk or to place any clerk in a position of dominance over any other clerk.

History (1)

Acts 1984, ch. 931, § 14.

§ 16-2-515. References to judicial circuits or divisions deemed to judicial districts.

All references in Tennessee Code Annotated to “judicial circuits” or “chancery divisions” shall be deemed references to the judicial districts created by this part.

History (1)

Acts 1984, ch. 931, § 25.

§ 16-2-516. Pending cases — Process — Surety bonds — Applicability of local rules.

All process issued after September 1, 1984, shall be returnable at the times and places fixed by local court rules promulgated in accordance with this part. All bonds and undertakings executed after September 1, 1984, shall be governed by local court rules, insofar as to appearance dates and other conditions relating to time and place.

History (1)

Acts 1984, ch. 931, § 27.

§ 16-2-517. Jurisdictions unaffected.

Notwithstanding any provision of this part to the contrary, nothing in this part shall be construed to repeal, amend or affect in any manner any jurisdiction granted to any local court by any public or private law.

History (1)

Acts 1984, ch. 931, § 28.

§ 16-2-518. Increase in positions or funding to office of public defender.

Any increase in local funding for positions or office expense for the district attorney general shall be accompanied by an increase in funding of seventy-five percent (75%) of the increase in funding to the office of the public defender in such district for the purpose of indigent criminal defense.

History (2)

Acts 1992, ch. 965, § 7
1994, ch. 1005, § 4.

§ 16-2-519. Creation of assistant district attorney positions.

(a) It is the declared policy of the general assembly to create assistant district attorney general (ADA) positions based upon the number of the ADA positions to population ratios being the primary consideration with secondary consideration being caseload when uniformly reported caseload statistics become available. The Tennessee district attorneys general conference is directed to make recommendations on this basis with the immediate objective being to achieve the following ratio:
1. Urban and rural districts—One (1) ADA per twenty thousand (20,000) population, according to the 1990 federal census or any subsequent federal census.
(b) As used in this section, “urban districts” means the second, sixth, eleventh, twentieth and thirtieth judicial districts and “rural districts” means all other judicial districts.
(c) For the sole purpose of computing the one (1) assistant district attorney per twenty thousand (20,000) population, the district attorney general in any one (1) county judicial district having a population of less than fifty thousand (50,000) shall be counted as one-half (½) of an assistant district attorney.
(d) Until the various judicial districts have attained approximate equality in ADA to population ratios, other factors are assigned a lower priority than ADA to population ratios. When the ratio set out in this section has been achieved, other factors, including uniform caseload statistics, local funding and geographic conditions that create logistical problems in covering the judicial district, shall be considered in support of additional position requests.

History (2)

Acts 1994, ch. 937, § 1
2019, ch. 420, § 8.

§ 16-2-520. Additional assistant district attorney general positions.

(a) Effective July 1, 2004, there are created thirty (30) additional assistant district attorney general positions to be designated in judicial districts as provided in this section.
(b)
1. (1) The executive director of the district attorneys general conference and the administrative director of the courts shall meet and prepare a report that contains the recommendations of such officials as to the specific judicial districts in which the additional assistant district attorney general positions created pursuant to subsection (a) should be designated. The report shall be prepared in consultation with the comptroller of the treasury.
2. (2) By October 1, 2004, the executive director of the district attorneys general conference shall file the report prepared pursuant to subdivision (b)(1) with the speakers of the senate and house of representatives and chairs of the judiciary committees of the senate and house of representatives. Upon the filing of the report, the district attorneys general recommended by the report to receive additional assistant positions shall be authorized to interview and employ persons to fill such positions.
(c) As early as is practicable during the first session of the 104th General Assembly, the general assembly shall consider and enact legislation that specifically designates the judicial district in which the persons employed in the additional assistant district attorney general positions created pursuant to subsection (a) will serve.
(d) The number of assistant district attorney general positions created by this section or to which the district attorney general of each judicial district is entitled pursuant to § 16-2-506 or any other provision of law shall be the minimum number of positions authorized in each district. Nothing in this section or any other provision of law shall be construed to prohibit or prevent the employment of additional assistant district attorneys general in a particular judicial district, regardless of whether the positions are funded by a state or non-state source, or whether they are specifically enumerated in this section, § 16-2-506 or any other provision of law.

History (2)

Acts 2004, ch. 916, § 1
2006, ch. 815, § 2.

§ 16-2-521. Number of criminal investigator positions to which district attorney general entitled pursuant to § 16-2-506.

The number of criminal investigator positions to which the district attorney general of each judicial district is entitled pursuant to § 16-2-506 or any other law shall be the minimum number of positions authorized in each judicial district. No law shall be construed to prohibit the employment of additional criminal investigators in a judicial district as established by § 16-2-506, regardless of whether the positions are funded by a state or non-state source, or whether they are specifically enumerated in any other law.

History (1)

Acts 2013, ch. 68, § 1.

§ 16-2-522. Advisory task force to review composition of judicial districts.

(a)
1. (1) By no later than July 1, 2025, the speaker of the senate and the speaker of the house of representatives shall establish an advisory task force to review the composition of Tennessee's current judicial districts codified at § 16-2-506.
2. (2) The task force shall be composed of fourteen (14) members, as follows:
  1. (A) Three (3) current trial court judges, one (1) representing each grand division. The speaker of the house of representatives shall appoint the trial court judges representing the eastern and middle grand divisions, and the speaker of the senate shall appoint the trial court judge representing the western grand division;
  2. (B) Three (3) current district attorneys general, one (1) representing each grand division. The speaker of the senate shall appoint the district attorneys general representing the eastern and middle grand divisions, and the speaker of the house of representatives shall appoint the district attorney general representing the western grand division;
  3. (C) Three (3) current district public defenders, one (1) representing each grand division. The speaker of the house of representatives shall appoint the district public defenders representing the eastern and middle grand divisions, and the speaker of the senate shall appoint the district public defender representing the western grand division;
  4. (D) Three (3) citizen members, one (1) representing each grand division. The speaker of the senate shall appoint the citizens representing the eastern and middle grand divisions, and the speaker of the house of representatives shall appoint the citizen representing the western grand division; and
  5. (E) The chairs of the judiciary committee of the senate and the civil justice committee of the house of representatives.
3. (3) The legislative members of the task force serve as joint chairs of the task force.
4. (4) By no later than January 1, 2027, the task force shall complete its findings and recommend and publish a proposed statewide judicial redistricting plan. The plan must provide reasonable and timely access to Tennessee's circuit, chancery, and criminal courts and must promote the efficient utilization of publicly funded resources allocated for the courts.
5. (5) Prior to completing its findings and recommending this plan, the task force shall conduct at least one (1) public hearing within each of the three (3) grand divisions and shall receive oral and written testimony from interested organizations and citizens of this state. In addition, the task force shall establish a publicly accessible judicial redistricting task force page on the website of the administrative office of the courts for redistricting-related information, including meeting notices and redistricting plans.
6. (6) The task force shall deliver a report of its findings, as well as its proposed judicial redistricting plan, to the governor, the speakers of the senate and house of representatives, the judiciary committee of the senate, the civil justice committee of the house of representatives, and the administrative office of the courts at least one (1) week prior to publication of the proposed judicial redistricting plan.
7. (7) The administrative office of the courts shall provide support services to the task force created under this section.
8. (8) The members of the task force shall serve without compensation but are entitled to reimbursement of travel expenses incurred. All reimbursement for travel expenses must be in conformity with the comprehensive state travel regulations as promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
9. (9) The task force ceases to exist upon completion of the task force's report and recommendations.
(b) On or before December 31, 2027, following submission of a proposed redistricting plan, it is the duty of the general assembly to:
1. (1) Reapportion the judicial districts codified at § 16-2-506 to provide reasonable and timely access to Tennessee's circuit, chancery, and criminal courts; and
2. (2) Promote the efficient utilization of publicly funded resources allocated for the courts.
(c) If the legislature fails to pass legislation required by subsection (b), then the funding for each judicial district that has a disproportionately high number of judges, as determined by the comptroller, must be reduced by ten percent (10%) during the subsequent fiscal year; provided, that this subsection (c) is subject to appropriations in the general appropriations act. The comptroller shall determine which judicial districts have a disproportionately high number of judges based on the most recent census data and weighted caseload report required by § 16-2-513 and provide the determination to the finance, ways and means committees of the house of representatives and senate.

History (1)

Acts 2022, ch. 1098, § 1.

Chapter 3 Supreme Court

Part 1 Membership

§ 16-3-101. Composition — Election of judges — Qualifications — Concurrence necessary for decisions.

(a) The supreme court shall consist of five (5) judges, one (1) of whom shall reside in each grand division, and no more than two (2) in the same grand division.
(b) A judge must have been a resident of the grand division from which the judge is appointed for at least one (1) year immediately preceding appointment. For purposes of this subsection (b), “resident” has the same meaning as defined in § 2-1-104.
(c) Each judge shall be at least thirty-five (35) years of age at the time of appointment, shall have been a resident of the state for at least five (5) consecutive years immediately preceding appointment, and shall be licensed to practice law in this state. For purposes of this subsection (c), “resident” has the same meaning as defined in § 2-1-104.
(d) A judge's term of office shall be eight (8) years.
(e) The concurrence of three (3) of the judges is necessary to a decision in every case.

History (9)

Code 1858, § 4495 (deriv. Acts 1835-1836, ch. 3, § 1)
Acts 1870, ch. 24, §§ 1, 6, 9, 10 (as mod. by Const., art. 6, §§ 2, 3)
Shan., §§ 375, 6328
Code 1932, §§ 632, 10630
modified
Acts 1974, ch. 708, § 1
T.C.A., §§ 2-308, 2-3-202
T.C.A. (orig. ed.), § 16-301
Acts 2016, ch. 528, §§ 2, 3.

§ 16-3-102. Chief justice.

After their election and qualification, the judges shall designate one (1) of their number who shall preside as chief justice.

History (4)

Acts 1870, ch. 24, § 11
Shan., § 376
Code 1932, § 633
T.C.A. (orig. ed.), § 16-302.

§ 16-3-103. Expenses.

The expenses of the supreme court shall be paid out of the state treasury, upon the warrant of the commissioner of finance and administration.

History (10)

Code 1858, § 106 (deriv. Acts. 1857-1858, ch. 79, § 4)
Shan., § 135
mod. Code 1932, § 153
impl. am. Acts 1937, ch. 33, § 24
impl. am. Acts 1939, ch. 11, § 12
C. Supp. 1950, § 153
modified
impl. am. Acts 1959, ch. 9, § 3
impl. am. Acts 1961, ch. 97, § 3
T.C.A. (orig. ed.), § 16-303.

Part 2 Powers and Duties

§ 16-3-201. Jurisdiction.

(a) The jurisdiction of the court is appellate only, under restrictions and regulations that from time to time are prescribed by law; but it may possess other jurisdiction that is now conferred by law upon the present supreme court.
(b) The court has no original jurisdiction, but appeals and writs of error, or other proceedings for the correction of errors, lie from the inferior courts and court of appeals, within each division, to the supreme court as provided by this code.
(c) The court also has jurisdiction over all interlocutory appeals arising out of matters over which the court has exclusive jurisdiction.
(d)
1. (1) The supreme court may, upon the motion of any party, assume jurisdiction over an undecided case in which a notice of appeal or an application for interlocutory or extraordinary appeal is filed before any intermediate state appellate court.
2. (2) Subdivision (d)(1) applies only to cases of unusual public importance in which there is a special need for expedited decision and that involve:
  1. (A) State taxes;
  2. (B) The right to hold or retain public office; or
  3. (C) Issues of constitutional law.
3. (3) The supreme court may, upon its own motion, when there is a compelling public interest, assume jurisdiction over an undecided case in which a notice of appeal or an application for interlocutory or extraordinary appeal is filed with an intermediate state appellate court.
4. (4) The supreme court may by order take actions necessary or appropriate to the exercise of the authority vested by this section.
(e) Appeals of actions under title 2, chapter 17 relative to election contests shall be to the court of appeals in accordance with the Tennessee rules of appellate procedure.

History (10)

Code 1858, § 4496 (deriv. Acts 1822, ch. 13, § 4)
Acts 1870, ch. 24, § 8
Shan., §§ 377, 6329
mod. Code 1932, §§ 634, 10631
T.C.A. (orig. ed.), § 16-304
Acts 1989, ch. 40, § 2
1992, ch. 952, §§ 11, 12
1994, ch. 573, § 1
2001, ch. 256, § 1
2016, ch. 755, § 1.

§ 16-3-202. Process, receivers, and references.

The court may appoint receivers, order references and issue all writs and process necessary for the exercise and enforcement of its jurisdiction.

History (4)

Code 1858, § 4503
Shan., § 6336
mod. Code 1932, § 10637
T.C.A. (orig. ed.), § 16-305.

§ 16-3-203. Powers over criminal defendants.

The court may recommit offenders in state cases, when it may appear necessary, and remand them to the inferior court from which their cases were brought to the supreme court, taking recognizances from the defendants, when the offense charged is bailable, with the security that the court judges proper.

History (4)

Code 1858, § 4498 (deriv. Acts 1817, ch. 17, § 3)
Shan., § 6331
Code 1932, § 10632
T.C.A. (orig. ed.), § 16-306.

§ 16-3-204. Bonds and recognizances.

(a) The court may give judgment upon any and all bonds or recognizances, whether in civil or criminal cases, executed in the progress of the cause, under the general provisions of law, or by lawful order of the court, either in the inferior or supreme court, and enforce the same by execution or otherwise, as in the case of other judgments and decrees of the court.
(b) Process of scire facias may, in all such cases, be issued as is proper in similar cases in the inferior courts, and, upon appearance of the defendant, and issue of fact made thereon, the court may order a jury to be summoned forthwith to determine the issue, and may give judgment thereon as the inferior courts of law might do in similar cases.

History (4)

Code 1858, §§ 4499, 4500 (deriv. Acts 1817, ch. 199, § 3)
Shan., §§ 6332, 6333
Code 1932, §§ 10633, 10634
T.C.A. (orig. ed.), § 16-307.

§ 16-3-205. Supersedeas by judges.

The judges of the supreme court, or any one of them, on a proper case being made out, shall have the authority to grant the process of supersedeas to an execution, returnable to their own court, in the same manner the supreme court, while it is in session, can grant such process, also grant supersedeas to the execution of an interlocutory decree of an inferior court, in the cases provided for in [former] § 27-1-103 [repealed].

History (5)

Code 1858, §§ 4512, 4513 (deriv. Acts 1835-1836, ch. 3, § 15
1851-1852, ch. 181, § 4)
Shan., §§ 6347, 6348
Code 1932, §§ 10649, 10650
T.C.A. (orig. ed.), § 16-308.

§ 16-3-206. Vacating judgment.

In all cases in which the supreme court may give judgment or decree through inadvertence and oversight, when upon the face of the record no cause of action existed against the party, the court may, upon its own motion, vacate the judgment or decree.

History (4)

Code 1858, § 4501 (deriv. Acts 1845-1846, ch. 135)
Shan., § 6334
mod. Code 1932, § 10635
T.C.A. (orig. ed.), § 16-309.

§ 16-3-207. Correction of apparent mistakes.

The court may, at any time after final judgment, correct mistakes apparent on the face of the record, as provided in [former] § 20-11-106 [repealed].

History (4)

Code 1858, § 4502 (deriv. Acts 1855-1856, ch. 70, § 2)
Shan., § 6335
Code 1932, § 10636
T.C.A. (orig. ed.), § 16-310.

§ 16-3-208. Appeals taken before term.

All appeals, and appeals in the nature of a writ of error, taken from the final judgment or decree of an inferior court, at any time before the sitting of the supreme court, shall stand for hearing at the first term, without notice to the opposite party.

History (4)

Code 1858, § 4514 (deriv. Acts 1835-1836, ch. 3, § 19)
Shan., § 6349
Code 1932, § 10651
T.C.A. (orig. ed.), § 16-312.

§ 16-3-209. Appeal during term.

An appeal, appeal in the nature of a writ of error, or writ of error may be prosecuted from any final judgment or decree, rendered in an inferior court during the term of the supreme court, the record being filed in the court, and the opposite party, or the opposite party's counsel, notified five (5) days before the hearing.

History (4)

Code 1858, § 4515 (deriv. Acts 1835-1836, ch. 3, § 19)
Shan., § 6350
Code 1932, § 10652
T.C.A. (orig. ed.), § 16-313.

§ 16-3-210. Scheduling of districts.

The court may class the judicial districts to set the causes from each district for trial on certain weeks of the term, and make publication of the classes before the beginning of the term.

History (4)

Code 1858, § 4505
Shan., § 6338
mod. Code 1932, § 10640
T.C.A. (orig. ed.), § 16-314.

§ 16-3-211. Order of counties in districts.

The supreme court, except as otherwise provided, shall take up and try the cases from the different counties in a judicial district in the order in which the counties are named in the section of chapter 2 of this title that prescribes the times of holding court in the judicial district; and when the business of a county is taken up, it shall be argued before passing to the business of another county, unless postponed for satisfactory reasons to the court.

History (5)

Acts 1868-1869, ch. 28, § 4
Shan., § 6339
mod. Code 1932, § 10641
modified
T.C.A. (orig. ed.), § 16-315.

§ 16-3-212. Special personnel for expedition of post-conviction proceedings in capital cases.

The supreme court is authorized to employ, reassign or contract with individuals utilizing special funds appropriated solely for the purpose of providing prompt and fair adjudication of post-conviction proceedings in capital sentence cases, including authority to assign the additional personnel the duties of personnel reassigned to the post-conviction cases. In no event shall the employment, contract or expenditures under this authority extend beyond a two-year period.

History (1)

Acts 1993, ch. 472, § 4.

Part 3 Terms

§ 16-3-301. Duration of terms.

It is the duty of the judges of the supreme court to hold its terms at the different places as designated by law, until all the causes are determined or otherwise disposed of, or until it becomes necessary to adjourn to hold court at another point.

History (4)

Code 1858, § 4510 (deriv. Acts 1835-1836, ch. 3, § 6)
Shan., § 6344
Code 1932, § 10646
T.C.A. (orig. ed.), § 16-316.

§ 16-3-302. Adjourned terms.

The court may sit upon its own adjournment, and hold its term at any time, for the purpose of hearing and deciding unfinished business.

History (4)

Code 1858, § 4511 (deriv. Acts 1835-1836, ch. 3, § 6)
Shan., § 6345
Code 1932, § 10647
T.C.A. (orig. ed.), § 16-317.

§ 16-3-303. Adjournment from day to day.

(a) Any judge in attendance at any time may adjourn court, in the absence of the other judges, from day to day, until they are able to attend.
Backlinks (1)
- 16-3-304(a)
(b) The clerk or sheriff may also adjourn the court from day to day, for one (1) week at the first of the term, if no judge attends.

Backlinks (1)

16-3-304(a)

History (4)

Code 1858, §§ 4506, 4507 (deriv. Acts 1817, ch. 199, § 4)
Shan., §§ 6340, 6341
Code 1932, §§ 10642, 10643
T.C.A. (orig. ed.), § 16-318.

§ 16-3-304. Adjournment to court in course.

(a) The clerk, at the expiration of the week specified in § 16-3-303, or the single judge in attendance in the case mentioned in § 16-3-303(a), if satisfied that a quorum cannot be had, may adjourn to the court in course.
(b) Adjournment works no discontinuance in any case, but the business stands over until the next term, and may then be disposed of, and all process, recognizances, or other obligations enforced as if no continuance had been made.

History (4)

Code 1858, §§ 4508, 4509
Shan., §§ 6342, 6343
Code 1932, §§ 10644, 10645
T.C.A. (orig. ed.), § 16-319.

§ 16-3-305. Orders opening and closing terms.

The court has the power, by an order signed by three (3) of its members and forwarded to the clerk at any of the places where its sessions are required to be held, to open any term of the court at such place, without the attendance of the judges of the court, and likewise an order of adjournment or any other order, judgment or decree, signed by three (3) of the judges, may be entered in the absence of the members of the court. The signed orders shall be entered by the clerk on the minutes of the court, and shall have the effect of signed minute orders from the time received and filed by the clerk. The signed orders shall be filed and preserved by the clerk receiving them, until compared with the minutes by the court, and the minutes shall be examined and signed by the court at least once every thirty (30) days.

Backlinks (1)

16-3-307

History (4)

Acts 1915, ch. 95, § 2
Shan., § 135a2
Code 1932, § 155
T.C.A. (orig. ed.), § 16-320.

§ 16-3-306. Continuation of terms — Concurrent terms.

Every term of the court when opened shall remain open until an order of adjournment is entered, and it shall be lawful for the terms of court in all the grand divisions to be open and running concurrently.

Backlinks (1)

16-3-307

History (4)

Acts 1915, ch. 95, § 3
Shan., § 135a3
Code 1932, § 156
T.C.A. (orig. ed.), § 16-321.

§ 16-3-307. Rules for terms and transfers.

The court is empowered to make all necessary rules to carry out the purposes of §§ 16-2-104, 16-3-305, and 16-3-306, and to expedite the hearing of cases.

History (4)

Acts 1915, ch. 95, § 4
Shan., § 135a4
Code 1932, § 157
T.C.A. (orig. ed.), § 16-322.

§ 16-3-308. Special term.

The judges of the supreme court have the power to appoint and hold a special term, upon giving twenty (20) days' notice of the time in some newspaper in the division in which the court is held, for the trial of causes that they deem essential to the public interest.

History (4)

Acts 1868-1869, ch. 28, § 2
Shan., § 6346
Code 1932, § 10648
T.C.A. (orig. ed.), § 16-323.

Part 4 Rule Making

§ 16-3-401. Supreme court rules of practice.

The supreme court may make rules of practice for the better disposal of business before it.

History (4)

Code 1858, § 4504 (deriv. Acts 1835-1836, ch. 3, § 19)
Shan., § 6337
Code 1932, § 10638
T.C.A. (orig. ed.), § 16-311.

§ 16-3-402. Other courts — General rules of practice.

The supreme court has the power to prescribe by general rules the forms of process, writs, pleadings and motions, and the practice and procedure in all of the courts of this state in all civil and criminal suits, actions and proceedings.

Backlinks (2)

History (3)

Acts 1965, ch. 227, § 1
1975, ch. 376, § 1
T.C.A., § 16-112.

§ 16-3-403. Rules not to affect substantive rights — Consistency with constitutions.

The rules prescribed by the supreme court pursuant to § 16-3-402 shall not abridge, enlarge or modify any substantive right, and shall be consistent with the constitutions of the United States and Tennessee.

History (2)

Acts 1965, ch. 227, § 2
T.C.A., § 16-113.

§ 16-3-404. Effective date of rules — Approval of rules by general assembly.

The supreme court shall fix the effective date of all its rules; provided, that the rules shall not take effect until they have been reported to the general assembly by the chief justice at or after the beginning of a regular session of the general assembly, but not later than February 1 during the session, and until they have been approved by resolutions of both the house of representatives and the senate.

History (3)

Acts 1965, ch. 227, § 3
T.C.A., § 16-114
Acts 1985, ch. 24, § 1.

§ 16-3-405. Publication of rules.

All rules adopted by the supreme court shall be published in the Tennessee Code Annotated and may be publicized both before and after becoming effective in a manner that the supreme court deems appropriate.

History (2)

Acts 1965, ch. 227, § 4
T.C.A., § 16-115.

§ 16-3-406. Laws in conflict with rules nullified.

After the rules have become effective, all laws in conflict with the rules shall be of no further force or effect.

Backlinks (1)

27-1-124(e)

History (2)

Acts 1965, ch. 227, § 5
T.C.A., § 16-116.

§ 16-3-407. Additional or supplementary rules of other courts.

Each of the other courts of this state may adopt additional or supplementary rules of practice and procedure not inconsistent with or in conflict with the rules prescribed by the supreme court.

History (2)

Acts 1965, ch. 227, § 6
T.C.A., § 16-117.

§ 16-3-408. Courts — Facsimile transmission of documents — Rules and procedures.

The supreme court is urged to develop court rules and procedures to control the process of courts using fax transmissions of documents. The court rules and procedures should provide for the following:
1. (1) The type of document that may be faxed;
2. (2) The length of restriction, if any, of a document that may be faxed;
3. (3) The type of equipment and paper that must be used by clerks' offices;
4. (4) The amount, if any, of fees to be charged for the faxing of documents;
5. (5) The payment of regular filing fees of the court;
6. (6) The time of filing of a faxed document;
7. (7) Requirements, if any, for filing of original documents or original signatures;
8. (8) Requirements, if any, for maintenance of transmittal reports of faxed documents; and
9. (9) Any other rule or procedure the court deems appropriate.

Backlinks (1)

16-1-113(b)

History (1)

Acts 1991, ch. 146, § 3.

Part 5 Supervision of Inferior Courts

§ 16-3-501. Inferior courts — Supervisory control.

In order to ensure the harmonious, efficient and uniform operation of the judicial system of the state, the supreme court is granted and clothed with general supervisory control over all the inferior courts of the state.

History (2)

Acts 1970, ch. 422, § 1
T.C.A., § 16-330.

§ 16-3-502. Supervisory procedures.

In addition to other constitutional, statutory and inherent power, but not restrictive thereof, the supreme court may:
1. (1) Designate the administrative director of the courts as the chief administrative officer of the courts of the state;
2. (2) Direct the administrative director of the courts to take all action or to perform duties that are necessary for the orderly administration of justice within the state, whether or not herein or elsewhere enumerated;
  Backlinks (1)
  
  17-2-308(a)
3. (3) Direct the administrative director of the courts to provide administrative support to all of the courts of the state through an administrative office of the courts in order to:
  1. (A) Designate and assign temporarily any judge or chancellor to hold or sit as a member of any court, of comparable dignity or equal or higher level, for any good and sufficient reason;
  2. (B) Maintain a roster of retired judges who are willing and able to undertake special duties from time to time and to designate or assign them appropriate judicial duties;
    Backlinks (1)
    
    17-2-111
  3. (C) Make a careful and continuing survey of the dockets of the circuit, criminal, chancery and other similar courts of record, and to report at periodic intervals to the court, and annually to the general assembly, information that is public record;
  4. (D) Take affirmative and appropriate action to correct and alleviate any imbalance in caseloads among the various judicial districts of the state; and
  5. (E) Take affirmative and appropriate action to correct or alleviate any condition or situation adversely affecting the administration of justice within the state;
4. (4) Adopt, upon the recommendation of the administrative director of the courts, an annual plan providing for the orientation of newly elected or appointed judges of trial or appellate courts of record and for the appropriate continuing legal education and training of the judges; and
5. (5) Establish and implement a policy concerning the prevention of sexual harassment. This policy shall include training workshops and the establishment of a hearing procedure.

Backlinks (1)

16-2-509(d)

History (5)

Acts 1970, ch. 422, § 2
T.C.A., § 16-331
Acts 1984, ch. 931, § 23
1993, ch. 65, § 1
1993, ch. 307, § 3.

§ 16-3-503. Inherent power of court.

The general assembly declares that this part is declaratory of the common law as it existed at the time of the adoption of the constitution of Tennessee and of the power inherent in a court of last resort.

History (2)

Acts 1970, ch. 422, § 3
T.C.A., § 16-332.

§ 16-3-504. Plenary and discretionary powers.

This part shall constitute a broad conference of full, plenary and discretionary power upon the supreme court.

History (2)

Acts 1970, ch. 422, § 4
T.C.A., § 16-333.

Part 6 Advisory Commission on Rules

§ 16-3-601. Advisory commission on rules of practice and procedure.

(a) There shall be an advisory commission whose members shall be appointed by the supreme court and whose duty shall be to advise the supreme court from time to time respecting the rules of practice and procedure.
(b) Each member shall serve for a term of three (3) years and members shall be eligible for reappointment; provided, that members shall not be appointed for more than three (3) successive terms.
(c) No compensation shall be paid to any of the members; however, the expenses necessarily incurred by the members in the accomplishment of the purposes of the commission, as set out in this part, shall be reimbursable when statements of expenses are submitted pursuant to policies and guidelines promulgated by the supreme court.
(d) The advisory commission has the authority to employ, subject to the approval of the administrative director of the courts and commissioner of finance and administration, legal, clerical and other assistance that may be necessary to the efficient discharge of its duties.

History (6)

Acts 1965, ch. 227, § 7
1975, ch. 376, §§ 2, 4
T.C.A., § 16-118
Acts 1993, ch. 66, § 19
1993, ch. 196, § 2
2001, ch. 257, §§ 1-3.

Part 7 Court Buildings Commissions

§ 16-3-701. Commission to control supreme court building at Nashville.

There is created a commission composed of the chief justice of the supreme court, who shall serve as chair, the presiding judge of the court of appeals or the presiding judge's designee, the presiding judge of the court of criminal appeals or presiding judge's designee, the administrative director of the courts, the clerk of the supreme court, and one (1) other member from the supreme court to be elected by the membership of the supreme court, which commission is vested with authority and jurisdiction to supervise and control the supreme court building at Nashville, to employ all necessary assistants and help for the building, and to make necessary contracts therefor.

History (7)

Acts 1953, ch. 138, § 1 (Williams, § 1032.3)
1965, ch. 184, § 1
1975, ch. 73, § 1
T.C.A. (orig. ed.), § 16-324
Acts 1984, ch. 833, § 1
1993, ch. 66, § 20
1994, ch. 897, § 3.

§ 16-3-702. Commission to control court building at Knoxville.

There is created a commission composed of the chief justice of the supreme court, who shall serve as chair, the presiding judge of the court of appeals or the presiding judge's designee, the presiding judge of the court of criminal appeals or the presiding judge's designee, the administrative director of the courts, the clerk of the supreme court, and one (1) other member from the supreme court to be elected by the membership of the supreme court, which commission is vested with authority and jurisdiction to supervise and control the court and office building at Knoxville, and to employ all necessary assistants and help for the building, and make necessary contracts therefor.

History (7)

Acts 1953, ch. 138, § 1 (Williams, § 1032.3)
1965, ch. 184, § 1
1975, ch. 73, § 1
T.C.A. (orig. ed.), § 16-324
Acts 1984, ch. 833, § 2
1993, ch. 66, § 21
1994, ch. 897, § 4.

§ 16-3-703. Commission to control court building at Jackson.

There is created a commission composed of the chief justice of the supreme court, who shall serve as chair, the presiding judge of the court of appeals or the presiding judge's designee, the presiding judge of the court of criminal appeals or the presiding judge's designee, the administrative director of the courts, the clerk of the supreme court, and one (1) other member from the supreme court to be elected by the membership of the supreme court, which commission is vested with the authority and jurisdiction to supervise and control the court and office building at Jackson, and to employ all necessary assistants and help for the building, and make necessary contracts therefor.

History (3)

Acts 1984, ch. 833, § 3
1993, ch. 66, § 22
1994, ch. 897, § 5.

Part 8 Administrative Office of the Courts

§ 16-3-801. Creation — Purpose.

There is created the administrative office of the courts. The purpose of this office is to assist in improving the administration of justice in the state by performing the duties and exercising the powers conferred in this part.

Backlinks (1)

16-15-209(e)(2)

History (1)

Acts 1993, ch. 65, § 2.

§ 16-3-802. Administrative director — Appointment — Salary.

(a) The supreme court shall appoint the administrative director of the courts, who shall serve as the director of the administrative office of the courts. The administrative director shall serve at the pleasure of the supreme court.
(b) The supreme court shall fix the salary of the administrative director of the courts at an amount not to exceed the salary paid to judges of the court of appeals.

History (1)

Acts 1993, ch. 65, § 2.

§ 16-3-803. Administrative director — Powers and duties.

(a) The administrative director of the courts shall work under the supervision and direction of the chief justice and shall, as the chief administrative officer of the state court system, assist the chief justice in the administration of the state court system to the end that litigation may be expedited and the administration of justice improved.
(b) The administrative director of the courts shall attend to duties that may be assigned by the supreme court or chief justice of the supreme court.
(c)
1. (1) Acting in accordance with procedures established pursuant to § 9-4-5103, the administrative director of the courts shall annually prepare, approve and submit a budget for the maintenance and operation of the state court system. When the budget for the maintenance and operation of the state court system is submitted to the department of finance and administration, the administrative director of the courts shall also submit copies of the budget to the speaker of the senate and the speaker of the house of representatives for referral and consideration by the appropriate standing committees of the general assembly.
2. (2) The administrative director of the courts shall administer the accounts of the state court system, including all accounts related to the state court system as may be designated by the comptroller of the treasury and the chief justice. The administrative director of the courts shall draw and approve all requisitions for the payment of public moneys appropriated for the maintenance and operation of the state court system, and shall audit claims and prepare vouchers for presentation to the department of finance and administration, including payroll warrants, expense warrants and warrants covering the necessary cost of supplies, materials and other obligations by the various offices with respect to which the administrative director of the courts shall exercise fiscal responsibility.
(d) The administrative director of the courts shall, within budgetary limitations, provide the judges of the trial courts of record with minimum law libraries, the nature and extent of which shall be determined in every instance by the administrative director on the basis of need. All books furnished shall remain the property of the state, and shall be returned to the custody of the administrative director by each judge upon the retirement or expiration of the official duties of the judge.
(e) All functions performed by the administrative director of the courts that involve expenditures of state funds shall be subject to the same auditing procedures by the commissioner of finance and administration and the comptroller of the treasury as required in connection with the expenditure of all other state funds.
(f)
1. (1) The administrative director of the courts shall, within the limit of appropriated funds, prepare for the supreme court's approval an annual judicial education plan providing for the orientation and continuing training and education of all elected or appointed judges of trial and appellate courts of record of this state.
2. (2) To the extent practicable, the annual judicial education plan shall provide that the orientation programs approved by the supreme court shall be made available to all newly elected or appointed judges of trial and appellate courts of record within one (1) year from the date of their initial appointment or election. The plan shall also provide, to the extent practicable, that all judges of trial and appellate courts of record whose terms exceed three (3) years shall, within two (2) years of the date of their initial election or appointment, be given the opportunity to attend judicial training programs approved by the supreme court.
3. (3) For the purpose of implementing the annual judicial education plan, the administrative director of the courts, with the approval of the chief justice, may apply for and expend grant funds from whatever source.
4. (4) The administrative director of the courts is authorized to recommend to the supreme court a plan whereby judges of trial and appellate courts of record who, on September 1, 1984, have not participated in training programs similar to those included in the annual judicial education plan, may be permitted to attend future orientation and training programs for judges made available through the annual plan.
5. (5) Nothing in this subsection (f) nor in any annual judicial education plan prepared by the administrative director of the courts and approved by the supreme court shall be construed to require judges whose salaries and other related expenses are not paid by state government to participate in any training or orientation program provided for in this subsection (f). With the agreement of appropriate units of local government to pay for the reasonable costs of the orientation and training programs, the administrative director of the courts may authorize judges whose salaries are paid by units of local government to participate in orientation or training programs made available in accordance with the approved annual plan.
(g) The administrative director of the courts shall continuously survey and study the operation of the state court system, the volume and condition of business in the courts of the state, whether of record or not, the procedures employed by those courts, and the quality and responsiveness of all of the courts with regard to the needs of civil litigants and the needs of the criminal justice system throughout the state.
(h) The administrative director of the courts shall establish criteria, develop procedures and implement a Tennessee court information system (TnCIS). The system shall provide an integrated case management and accounting software system addressing the statutory responsibilities of the clerks of the general sessions, chancery, circuit and juvenile courts. The system shall also provide state-wide reporting and data transfer capabilities for the administrative office of the courts (AOC), department of human services, Tennessee bureau of investigation, department of safety and other state agencies determined by the AOC or as statutorily mandated. To ensure comparable data from all courts, the system shall be designed to report cases according to a standard definition of a case as set forth in § 16-1-117.
Backlinks (2)
- 8-4-115(h)
- 16-1-117(b)
(i) It is the duty of the administrative office of the courts to collect, develop and maintain uniform statistical information relative to court caseloads in Tennessee. For the purposes of monitoring the operation of the court system, reducing unnecessary delay and assessing the responsiveness of the court system to the needs of litigants, victims of crime and the citizens of the state, the administrative director of the courts shall have the responsibility for annually collecting, compiling, analyzing and publishing caseload statistics pertaining to the court system. It is the responsibility of the administrative director of the courts to develop, define, update and disseminate standard, uniform measures, definitions and criteria for collecting statistics pertaining to the court system. These standards and reporting requirements shall be used for uniform statistical data collection in all courts throughout the state, as established by statute or by the rules of the supreme court.
Backlinks (1)
- 38-6-118(d)(1)
(j) The administrative director of the courts shall prepare and distribute an annual report reflecting the operation of the courts of the state and highlighting those changes, innovations, or recommendations made or introduced to enhance the effectiveness of the courts.
(k) The administrative director of the courts shall conduct ongoing internal review, analysis and planning for the future needs of the state court system. The analysis shall be designed to devise ways of simplifying court system procedure, expediting the transaction of court system business and correcting weaknesses in the administration of justice.
(l) The administrative director of the courts shall:
1. (1) File a copy of the supreme court's policies and guidelines governing the reimbursement of expenses for judicial officers with the civil justice committee of the house of representatives, the judiciary committee of the senate, and the finance, ways and means committees of the senate and the house of representatives, the fiscal review committee, the comptroller of the treasury and the commissioner of finance and administration; and
2. (2) Respond in a timely manner to any appropriate request by these committees or officials for information concerning reimbursements made pursuant to the policies and guidelines.
(m) The administrative director of the courts shall annually prepare and distribute to the judiciary committee of the senate and civil justice committee of the house of representatives:
1. (1) A report detailing the expenditure of moneys in the civil legal representation of indigents fund; and
2. (2) A copy of any rules and policies adopted by the supreme court governing the expenditure and application of funds in the civil legal representation of indigents fund.
(n) The administrative office of the courts shall collect, develop and maintain statistical information relative to sentencing in Tennessee. To assist the administrative office of the courts, the clerks of the circuit and criminal courts shall send a copy of each judgment document for a felony conviction to the administrative office of the courts. These copies shall be forwarded to the administrative office of the courts no less than one (1) time each month so that all judgments rendered in one (1) month have been received by the fifteenth day of the following month. When an electronic transfer system is operational and approved by the administrative office of the courts, the judgment document for all felony convictions shall be electronically transmitted to the administrative office of the courts in the same manner required by this subsection (n) for paper copies.
(o) The administrative director of the courts shall administer finances related to the office's control and supervision of the existing state law libraries, including the:
1. (1) Operation and maintenance of the libraries;
2. (2) Preparation of warrants for the payment of obligations related to the operation and maintenance of the libraries; and
3. (3) Recording of all transactions related to the administration of such finances in accordance with the laws and regulations governing state fiscal operations.

History (12)

Acts 1993, ch. 65, § 2
1993, ch. 196, § 10
1994, ch. 1005, § 1
1995, ch. 550, § 3
1999, ch. 486, § 1
2001, ch. 408, §§ 1-3
2002, ch. 791, § 1
2013, ch. 236, § 45
2016, ch. 619, § 4
2019, ch. 345, § 21
2019, ch. 420, §§ 9, 10
2021, ch. 64, § 13.

§ 16-3-804. Personnel — Law practice barred.

(a) The administrative director of the courts shall, subject to the approval of the supreme court, appoint and fix the compensation of assistants, clerical staff, or other employees that are necessary to enable the administrative director to perform the duties of the administrative office of the courts.
(b) Neither the administrative director of the courts nor any employee of the state court system shall, during the term of office or employment, directly or indirectly engage in the practice of law in any of the courts of this state. Nothing in this subsection (b) or any other law shall be construed to prohibit personnel described in this section from providing pro bono legal services through an organized program of pro bono legal services that receives funding pursuant to § 16-3-808 and that provides professional liability insurance for losses sustained by clients of lawyers participating in the program.
(c)
1. (1) Prior to a person's employment with the administrative office of the courts, the administrative director of the courts is authorized to obtain a criminal history background check to be conducted by the Tennessee bureau of investigation and the federal bureau of investigation. Background checks must include fingerprint checks against state and federal criminal records maintained by the Tennessee bureau of investigation and the federal bureau of investigation.
2. (2) The administrative director of the courts may establish the job titles or classifications to which the requirements of this subsection (c) apply. Nothing in this subsection (c) supersedes any mandatory fingerprint-based criminal history background requirements that may be applicable for any person who is seeking employment in a position subject to licensure, approval, or certification by any state program or agency.
3. (3) The administrative office of the courts shall pay the Tennessee bureau of investigation or the federal bureau of investigation, as appropriate, for any costs the bureaus incur when conducting the investigations of applicants.

History (3)

Acts 1993, ch. 65, § 2
2009, ch. 7, § 3
2017, ch. 104, § 1.

§ 16-3-805. Office, equipment, and supplies.

The administrative director of the courts shall be provided with suitable office space and with all office equipment and supplies necessary to perform the duties and functions of the office.

History (1)

Acts 1993, ch. 65, § 2.

§ 16-3-806. Appropriation of funds for special personnel assigned to capital sentence costs.

All funds appropriated solely to employ, contract with or reassign personnel for the purpose of providing prompt and fair adjudication of post-conviction proceedings in capital sentence cases shall be appropriated to the administrative director of the courts to be allocated to, and pursuant to standards established by agreement of, the chief justice, the attorney general and reporter, the executive director of the conference of district attorneys general and the executive director of the conference of district public defenders. In addition, funds may be allocated and grants given to the offices of public defenders in Shelby and Davidson counties. Notice of intended allocations shall be given to the commissioner of finance and administration.

History (3)

Acts 1993, ch. 472, § 5
1996, ch. 610, § 4
1996, ch. 996, § 2.

§ 16-3-807. Tennessee judicial information system fund.

(a) The state treasurer is authorized and directed to establish within the general fund the Tennessee judicial information system fund, as a restricted revolving account in the state treasury.
(b) The source of funding for this account shall be judicial branch appropriations made in the general appropriations act and unexpended funds carried forward in accordance with subsection (d).
(c) The funds for the Tennessee judicial information system established by this section may be invested by the state treasurer pursuant to policy guidelines, established by resolution of the funding board, created by § 9-9-101. The funding board shall establish the policy guidelines for the investment of the Tennessee judicial information system fund in a manner that is lawful for investment of state funds. All interest or other earnings shall be added to the corpus of the fund and shall remain a part of the fund.
(d) Any unencumbered or unexpended balance of this account at the end of the fiscal year shall not revert to the general fund but shall be carried forward until expended in accordance with this section.
(e) The balance of the fund shall be used for the acquisition of equipment, software, supplies, personnel, services and other costs incidental to the acquisition, development, operation and administration of information services, telecommunications, systems, software, supplies and equipment, including the payment of principal and interest on items paid in installments.

History (1)

Acts 1994, ch. 1005, § 5.

§ 16-3-808. Funds for civil legal representation of indigents.

(a) The state treasurer is authorized and directed to establish within the general fund a fund known as the civil legal representation of indigents fund.
(b) The source of funding for this fund shall be the revenue derived from the litigation tax levied pursuant to § 67-4-602(g). The revenue shall be collected in accordance with § 67-4-603, deposited to the civil legal representation of indigents fund as provided by law, and invested for the benefit of the fund pursuant to § 9-4-603. Moneys in the fund shall not revert to the general fund of the state, but shall remain available and are appropriated exclusively for providing legal representation of poor persons in civil matters.
(c) Moneys in the civil legal representation of indigents fund shall be annually allocated and expended to provide legal representation to poor persons in the state in civil matters in the manner determined by the supreme court, including in accordance with any rules and policies adopted by the supreme court for such purpose; provided, that no moneys allocated from this fund shall be expended for class-action lawsuits. The supreme court may designate not-for-profit organizations that ordinarily render or finance legal services to poor persons in civil matters to receive or administer the distribution of allocated funds. The supreme court shall make a conscious effort in the allocation of funds and in the adoption of any implementing rules and policies to cause the moneys in the civil legal representation of indigents fund to be expended for the benefit of indigent clients in all ninety-five (95) counties of the state on a poverty population basis.
Backlinks (2)
- 36-3-610(d)(1)
- 67-4-806(2)
(d) The administrative office of the courts shall appoint a five-member advisory panel to facilitate communication and joint activities among grantees of the civil legal representation of indigents fund. The administrative office of the courts shall appoint panel members as follows:
1. (1) One (1) member shall be appointed from lists of nominees submitted by bar associations whose membership primarily consists of minority attorneys;
2. (2) One (1) member shall be appointed from a list of nominees submitted by the Tennessee Bar Association;
3. (3) One (1) member shall be appointed from a list of nominees submitted by the Tennessee Trial Lawyers Association;
4. (4) One (1) member shall be appointed from a list of nominees submitted by the Tennessee conference on social welfare; and
5. (5) One (1) member shall be appointed from a list of nominees submitted by the state court clerks conference.

Backlinks (6)

History (2)

Acts 1995, ch. 550, § 2
1999, ch. 502, § 3.

§ 16-3-809. State law libraries — Control and supervision — Powers — Expenditures.

(a) The administrative office of the courts shall have control and supervision of the existing state law libraries at Nashville, Knoxville, and Jackson. The office's powers include, but are not limited to, the following:
1. (1) The power to employ necessary personnel, either full or part time, and to fix their compensation;
2. (2) The power to purchase or otherwise acquire books, furniture, supplies, and all other necessary equipment, including the power to dispose of by sale, exchange, gift or otherwise, books and equipment, whenever in the judgment of the office it is deemed advisable;
3. (3) The power to make and enforce all necessary rules for the management and operation of the libraries; and
4. (4) The power to exchange the Tennessee Reports, the Tennessee Appeals Reports, Acts, and codes for the reports, acts, and codes of other jurisdictions, and the Tennessee Reports, the Tennessee Appeals Reports, Acts, and codes available for exchange under present and future laws shall be at the disposal of the office for such purpose.
(b) All expenditures made by the office pursuant to this section shall be within the limits of the amounts appropriated by the general assembly; provided, that the office has the authority to allocate amounts necessary for the operation and maintenance of each library among the libraries as it deems to be in the best interest of each library, but within the limits of the entire appropriation.

History (1)

Acts 2016, ch. 619, § 3.

§ 16-3-810. Dismissal of defendant upon completion of diversion program—Creation of form.

The administrative office of the courts, in consultation with the Tennessee bureau of investigation and the Tennessee court clerks association, shall devise a standard form, or revise the existing uniform judgment document promulgated pursuant to Tenn. Sup. Ct. R. 17, for use by judges when ordering the dismissal of charges against a defendant following the successful completion of a diversion program under title 40, chapter 15 or § 40-35-313, or the expunction of a defendant's public records following the dismissal of charges against the defendant. The suggested order shall include a place for all information the courts are required to send to the Tennessee bureau of investigation pursuant to §§ 40-15-105(e), 40-32-101(d) and 40-35-313(c) for entry into the bureau's expunged criminal offender and pretrial diversion database. Upon completion of the design of the form or revised uniform judgment document, the administrative office of the courts shall recommend to the supreme court that it promulgate a rule requiring the use of the form or revised uniform judgment document for the purposes provided in this section.

History (1)

Acts 1998, ch. 1099, § 12.

§ 16-3-811. [Reserved.]

§ 16-3-812. Providing information regarding case disposition, compliance with reporting information and reports made by AOC regarding auditing compliance and accuracy of required reports.

(a) The administrative office of the courts (AOC) shall be responsible for making available to the Tennessee bureau of investigation in a mutually agreeable form all information the AOC receives from the various courts regarding disposition of cases.
(b) The AOC shall be responsible for making available, upon request, to the Tennessee bureau of investigation in a mutually agreeable form all information the AOC receives from the various courts regarding compliance with the reporting requirements of §§ 16-10-213, 16-11-206, 16-15-303, 16-16-120 and reports made by the AOC pursuant to § 16-1-117(a)(6)(B) for purposes of auditing compliance and accuracy of the required reports.

History (2)

Acts 1999, ch. 495, § 1
2013, ch. 300, § 2.

§ 16-3-813. Credentialed court interpreter.

(a) Any person seeking to become a credentialed court interpreter for spoken foreign languages pursuant to any rules that may be promulgated by the supreme court shall be required to supply a fingerprint sample and submit to a criminal history records check conducted by the Tennessee bureau of investigation pursuant to § 38-6-109, the federal bureau of investigation, other law enforcement agency or any other legally authorized entity. In addition to the fee required by § 38-6-109, the sheriff or any other law enforcement agency may assess a fee of up to ten dollars ($10.00) for costs incurred in complying with this section. Any fees assessed in the criminal background records check process are the responsibility of the person seeking to be credentialed as a court interpreter of spoken foreign languages.
(b) The administrative office of the courts (AOC) shall create and maintain a registry of those persons credentialed as court interpreters of spoken foreign languages and shall post the registry on the website maintained by the AOC.

History (2)

Acts 2002, ch. 494, § 1
2004, ch. 755, § 1.

§ 16-3-814. Short title.

Sections 16-3-814 — 16-3-820 shall be known and may be cited as the “Integrated Criminal Justice Act of 2006.”

Backlinks (1)

16-3-814

History (1)

Acts 2006, ch. 917, § 1.

§ 16-3-815. Creation of the integrated criminal justice steering committee — Purpose.

There is created an integrated criminal justice steering committee, which shall be administratively attached to the administrative office of the courts. The purpose of the integrated criminal justice steering committee is to provide the governmental and technical information systems infrastructure necessary for accomplishing state and local government public safety and justice functions in the most effective manner, by appropriately and efficiently sharing criminal justice and juvenile justice information among law enforcement agencies, judicial agencies, corrections agencies, executive agencies and political subdivisions.

Backlinks (1)

4-29-247(a)(29)

History (2)

Acts 2006, ch. 917, § 1
2013, ch. 97, § 1.

§ 16-3-816. Duties of the committee.

It is the duty of the integrated criminal justice steering committee to facilitate the development of cost-effective, integrated justice information systems that maximize standardization of information and communications technology across the state's justice and justice-affiliated agencies. It is further the duty of the committee to provide the leadership, strategy, mission, vision, goals, decision-making structure and accountability processes for the integrated criminal justice system.

History (1)

Acts 2006, ch. 917, § 1.

§ 16-3-817. Goals of the integrated criminal justice system.

Any integrated criminal justice system developed through the facilitation of the committee shall:
1. (1) Increase public safety and improve national security;
2. (2) Minimize the threat and risk of injury to specific individuals;
3. (3) Minimize the threat and risk of injury to law enforcement and other first responder personnel;
4. (4) Minimize the threat and risk of damage to real or personal property;
5. (5) Protect individual civil rights, civil liberties, privacy rights and other protected interests;
6. (6) Protect the integrity of the criminal investigatory, criminal intelligence and justice system processes and information;
7. (7) Minimize reluctance of individuals or groups to use or cooperate with the justice system;
8. (8) Support the role of the justice system in society;
9. (9) Promote governmental legitimacy and accountability;
10. (10) Not unduly burden the ongoing business of the justice system; and
11. (11) Make the most effective use of public resources allocated to justice agencies.

History (1)

Acts 2006, ch. 917, § 1.

§ 16-3-818. Membership of steering committee — Advisory committee appointments — Policies and procedures.

(a) The membership of the steering committee shall consist of:
1. (1) Director of the office of criminal justice programs or a designee;
2. (2) President of the Tennessee sheriffs association or a designee;
3. (3) President of the Tennessee association of chiefs of police or a designee;
4. (4) Executive director of the Tennessee district attorneys general conference or a designee;
5. (5) Executive director of the Tennessee district public defenders conference or a designee;
6. (6) Commissioner of correction or a designee;
7. (7) Chair of the board of parole or a designee;
8. (8) President of the Tennessee court clerks association or a designee;
9. (9) One (1) member of each body of the general assembly to be appointed by the respective speakers of the house of representatives and the senate;
10. (10) Attorney general and reporter or a designee;
11. (11) Tennessee chief information officer or a designee;
12. (12) Director of the Tennessee bureau of investigation or a designee;
13. (13) Commissioner of safety or a designee;
14. (14) Director of the Tennessee office of homeland security or a designee;
15. (15) Director of the administrative office of the courts or a designee;
16. (16) Chief justice of the Tennessee supreme court or a designee;
17. (17) Deputy commissioner of the juvenile justice division of the department of children’s services or a designee;
18. (18) Director of the Tennessee emergency management agency or a designee; and
19. (19) Director of the governor’s highway safety office or a designee.
(b) The steering committee may appoint advisory council members from time to time. Advisory members may represent entities, including, but not limited to:
1. (1) Municipal judges conference;
2. (2) Tennessee bar association;
3. (3) Tennessee county services association;
4. (4) Governor’s office and lay members appointed by the governor;
5. (5) Commission on children and youth;
6. (6) Council of juvenile and family court judges;
7. (7) Tennessee emergency communications division;
8. (8) Department of revenue;
9. (9) Department of commerce and insurance;
10. (10) Tennessee fireman’s association; and
11. (11) Alcoholic beverage commission.
(c) The steering committee may establish policies and procedures relative to membership and operations of the steering committee on issues, including, but not limited to, election and terms of officers, voting privileges, establishment of subcommittees, cessation of membership on the steering committee and other operational issues as may be necessary to the efficient and effective operation of the steering committee.

History (1)

Acts 2006, ch. 917, § 1.

§ 16-3-819. Compensation.

The members of the steering committee, advisory council and subcommittees shall serve without compensation, but shall be eligible for reimbursement for travel expenses in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.

History (1)

Acts 2006, ch. 917, § 1.

§ 16-3-820. Hiring of personnel to manage integrated criminal justice projects.

The administrative office of the courts (AOC) shall be empowered to hire personnel to manage integrated criminal justice projects and to be responsible for day-to-day operations. In making the personnel decisions, the director of the AOC shall consult with the steering committee.

Backlinks (1)

16-3-814

History (1)

Acts 2006, ch. 917, § 1.

§ 16-3-821. Tennessee voluntary fund for indigent civil representation.

(a) This section shall be known and may be cited as the “Tennessee voluntary fund for indigent civil representation.”
(b)
1. (1) There is established in the state treasury a separate account known as the Tennessee voluntary fund for indigent civil representation. It is the intent of the general assembly that this fund be used to provide supplemental funding for the provision of civil legal representation for indigents. Distribution of the fund as provided in this section shall be administered by the administrative office of the courts (AOC).
2. (2) Contributions to the Tennessee voluntary fund for indigent civil representation are voluntary and this section shall not be construed to require an appropriation from the general fund to establish, maintain, operate, or disburse money from the fund, if done in accordance with this section.
(c) The Tennessee voluntary fund for indigent civil representation is authorized to receive contributions from the following sources:
1. (1) The unpaid residuals from settlements or awards in class action litigation in both state and federal courts; provided, that the litigation has been certified as a class action under Tenn. R. Civ. P. 23 or Rule 23 of the federal rules of civil procedure;
2. (2) Awards from other actions in a state or federal court, when specifically designated by the judges in those actions;
3. (3) Monetary settlements, whether through mediation, arbitration or otherwise, when so designated by a party authorized to do so;
4. (4) Gifts, contributions, bequests, donations, devises and grants from any legal and appropriate source to effectuate the purpose of the fund. If these contributions to the fund are not in the form of money or other negotiable instrument, any income, rents or proceeds generated from the items contributed shall be deposited into the fund; and
5. (5) Any other legitimate funding source that is now available or may in the future become available.
(d) Amounts remaining in the fund at the end of the fiscal year shall not revert to the general fund, but shall remain available for use as provided in this section. Moneys in the fund shall be invested by the state treasurer pursuant to title 9, chapter 4, part 6, for the sole benefit of the fund.
(e) Any cost associated with the Tennessee voluntary fund for indigent civil representation shall be paid for by the proceeds of this fund.
(f) When the corpus of the Tennessee voluntary fund for indigent civil representation reaches or exceeds one million dollars ($1,000,000), the interest on the corpus shall be distributed in accordance with § 67-4-806(2).
(g)
1. (1) The AOC and the Tennessee Alliance for Legal Services may make the judiciary and legal profession aware of and promote the existence and purpose of this fund.
2. (2) The Tennessee Alliance for Legal Services may also make any materials explaining and promoting the fund available to charitable or philanthropic foundations and other groups or persons who might be interested in contributing to the fund.
(h) Nothing in this section shall be construed to repeal or affect the operation of the civil legal representation of indigents fund created in § 16-3-808. It is the intent of the general assembly that the two (2) funds remain distinct and separate methods to achieve the same goal of providing quality legal representation to indigents in civil actions.

History (1)

Acts 2006, ch. 589, § 1.

§ 16-3-822. Development of centralized case management system — System requirements — Written update timing and requirements.

(a) The administrative office of the courts (AOC) is directed to define and develop a centralized system of case management, document management, electronic case filing, electronic payment methods, data reporting, and any other capability deemed necessary for collection and reporting of all state and local court public case level data. The system may consist of software solutions capable of integrating with existing state and local systems to report case dispositions, statistics, and other related data with the goal that information in such system should be easily reportable, retrievable, accessible, and uniform and consistent throughout the state. The development of the centralized system must include projections for ongoing costs and maintenance of such a system.
(b) Beginning on January 31, 2025, and every six (6) months thereafter until initial implementation of the system, the AOC shall submit a written update as to the progress of the development, including projections for ongoing costs and maintenance of such a system to the speakers and chief clerks of each house of the general assembly; the governor; the chairs of the finance, ways and means committees of the house of representatives and senate; the chair of the civil justice committee of the house of representatives; the chair of the judiciary committee of the senate; and the office of legislative budget analysis.

Backlinks (2)

History (1)

Acts 2024, ch. 947, § 1.

Part 9 Private Probation Services Council

§ 16-3-901. Creation.

There is created the private probation services council.

Backlinks (1)

4-29-246(a)(33)

History (1)

Acts 1998, ch. 1067, § 2.

§ 16-3-902. Purpose.

The purpose of the council is to ensure that uniform professional and contract standards are practiced and maintained by private corporations, enterprises and entities engaged in rendering general misdemeanor probation supervision, counseling and collection services to the courts.

History (1)

Acts 1998, ch. 1067, § 3.

§ 16-3-903. Part definitions.

As used in this part, unless the context otherwise requires:
1. (1) “Council” means the private probation services council;
2. (2) “Governing authority” means the elected body of any county, municipality or metropolitan government with statutory power to enter into written contracts with corporations, enterprises or entities to provide public services; and
3. (3) “Private entity” means a privately owned and operated corporation, enterprise or entity that contracts to provide general probation supervision, counseling or collection services for persons convicted of a misdemeanor and placed on probation.

History (1)

Acts 1998, ch. 1067, § 4.

§ 16-3-904. Attachment to appropriate state entity.

The commissioner of finance and administration shall attach the council to the appropriate state entity for administrative purposes.

History (1)

Acts 1998, ch. 1067, § 5.

§ 16-3-905. Membership.

(a) The council shall consist of the following seven (7) voting members:
1. (1) Four (4) members who shall be appointed to serve for four-year terms as follows:
  1. (A) One (1) criminal court judge who shall be appointed by the president of the Tennessee judicial conference, representing a judicial district within which one (1) or more private entities provide probation services; and
  2. (B) Three (3) general sessions court judges who shall be appointed by the president of the Tennessee general sessions judges conference, representing counties within which one (1) or more private entities provide probation services; and
2. (2) Three (3) members who shall be appointed by the governor to serve four-year terms as follows:
  1. (A) One (1) publicly employed probation officer;
  2. (B) One (1) private probation officer or individual with expertise in private probation service by virtue of training or employment; and
  3. (C) One (1) county commissioner.
(b) Subsequent vacancies on the council shall be filled in the same manner as initially filled.

History (2)

Acts 1998, ch. 1067, § 6
2007, ch. 149, § 1.

§ 16-3-906. Officers.

The council shall annually elect from its membership a chair, vice chair and other officers as deemed expedient.

History (1)

Acts 1998, ch. 1067, § 7.

§ 16-3-907. Staff.

The state entity to which the council is attached for administrative purposes shall provide staff services for the council.

History (1)

Acts 1998, ch. 1067, § 8.

§ 16-3-908. Meetings.

The council shall meet at such times and places as necessary and convenient.

History (2)

Acts 1998, ch. 1067, § 9
2012, ch. 986, § 11.

§ 16-3-909. Duties of council — Fingerprint sample and criminal history records check — Reinstatement of license — Promulgation of rules and regulations.

(a) The purpose of the council is to ensure that uniform professional and contract standards are practiced and maintained by private corporations, enterprises and entities rendering general misdemeanor probation supervision, counseling and collection services to the courts. To such end, the council shall:
1. (1) Provide oversight of private entities;
2. (2) Promulgate uniform professional standards and uniform contract standards for private entities;
3. (3) Establish forty (40) hours of orientation for new private probation officers and eight (8) hours of annual continuing education;
4. (4) Promulgate rules and regulations regarding noncompliance with the uniform professional standards and uniform contract standards;
5. (5) Promulgate rules and regulations requiring periodic registration of all private entities; and
6. (6) Publish an annual summary report.
(b) The council:
1. (1) May reinstate a license upon the payment of a renewal fee, as set by the council; and
2. (2) Shall establish a late renewal fee, to be equal to twenty-five percent (25%) of the registration fee.
(c) All rules and regulations promulgated pursuant to subsection (a) shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(d)
1. (1) All private probation officers to be employed by entities providing private probation services pursuant to this part shall:
  1. (A) Be required to supply a fingerprint sample and submit to a criminal history records check to be conducted by the Tennessee bureau of investigation (TBI) and the federal bureau of investigation (FBI) or other vendor contracted for the same purposes prior to being employed with such entities; and
  2. (B) Agree that the TBI may send to the council information indicating the results of the criminal history records check. The results will indicate whether the applicant has a criminal conviction that would result in a private probation officer being denied employment by such entities.
2. (2) The applicant shall pay any reasonable costs incurred by the TBI or FBI, or both, in conducting an investigation of an applicant for employment as a private probation officer. In lieu of additional criminal history records checks for subsequent applications for employment, the applicant may submit copies of the applicant's initial criminal history records check documentation and shall not be required to pay any additional costs.

History (2)

Acts 1998, ch. 1067, § 10
2019, ch. 369, §§ 3-5.

§ 16-3-910. Powers of the council.

The council has the power:
1. (1) To establish fees sufficient to pay the annual expenses of the council; and
2. (2) In a lawful proceeding under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, assess civil penalties, in accordance with rules adopted pursuant to the Uniform Administrative Procedures Act, for violations of statutes, rules or orders enforceable by the council.

History (1)

Acts 2004, ch. 665, § 1.

§ 16-3-911. Probation contracts with private entities.

No public officer or employee of a governing authority who is involved in making or administering a contract with a private entity that is governed by the council and that provides probation services may derive any direct benefit from the contract.

History (1)

Acts 2014, ch. 827, § 1.

Part 10 Automated Court System Hardware Replacement Loan Fund

§ 16-3-1001. Establishment of special revolving loan fund — Purpose — Rules and regulations — Funding.

(a)
1. (1) There is established within the general fund a special revolving loan fund to be known as the automated court system hardware replacement loan fund, referred to in this part as the “fund”. The fund is established for the purpose of providing interest-free funding for the replacement of computer hardware associated with automated court systems that have been implemented by courts of the state.
2. (2) The department of finance and administration shall administer the fund and shall adopt rules and regulations for the administration.
3. (3) All interest and earnings of the fund shall remain a part of the fund.
4. (4) No part of the fund shall revert to the general fund at the end of any fiscal year, but shall remain a part of the fund available for expenditure in accordance with this part.
5. (5) The department shall deposit into the fund all receipts from the repayment of loans made pursuant to this part.
6. (6) Nothing in this part shall be construed to exclude or prevent future appropriations to the fund.
(b) All counties in which any court has implemented the Tennessee court information system (TnCIS), or a court automation system determined by the administrative office of the courts (AOC) to be functionally equivalent, are eligible to receive loans from the fund to purchase necessary computer hardware components in accordance with a hardware replacement schedule approved and monitored by the administrative office of the courts. No interest expense shall be passed on to the county unless the state issues bonds to capitalize all or a portion of the fund. In such case, a reasonable cost of issuance may be passed on to the loan recipients.
(c) When a county requests the department to have the state finance the acquisition of replacement hardware for an automated court system, the affected clerk, the governing body of the county, and the department shall enter into an agreement to be known as the automated court system hardware replacement loan agreement, referred to in this part as the “agreement.” The comptroller of the treasury must approve any deviations from the requirements outlined in the agreement. The agreement is subject to the following requirements:
1. (1) The original term of the loan shall be for a period of four (4) years. Annual installment payments to the fund shall begin the same year as funds are borrowed. The department shall establish an annual payment due date of June 1. Notice of the loan agreement, including the annual payment schedule, shall be sent to the comptroller of the treasury;
2. (2) All computer hardware purchased by a county under the agreement shall be acquired from current state contracts;
3. (3) The agreement may contain any other reasonable provisions deemed necessary and desirable by the department, the AOC, the comptroller of the treasury, the clerk for whom the replacement hardware is being purchased or the governing body of the county;
4. (4) If a county fails or neglects to pay any of the annual payments prescribed, the commissioner of finance and administration shall retain the sum necessary for the payment out of any state funds distributable to the county in which the state court resides. No statutory requirement that any distributable, state collected, locally shared funds shall be used exclusively for a designated purpose shall be construed as preventing the commissioner from withholding the funds; and
5. (5) The state will maintain a lien on any computer hardware purchased with moneys borrowed from the fund until the terms and conditions of the agreement have been satisfied.

History (1)

Acts 2001, ch. 451, § 2.

Chapter 4 Court of Appeals

§ 16-4-101. Establishment.

There shall be an appellate court composed of twelve (12) judges, styled the court of appeals.

History (5)

Acts 1925, ch. 100, § 1
Shan. Supp., § 6325a1
mod. Code 1932, § 10606
Acts 1978, ch. 836, § 1
T.C.A. (orig. ed.), § 16-401.

§ 16-4-102. Election and qualifications of judges — Oaths.

(a) The court of appeals shall be composed of twelve (12) judges, of whom no more than four (4) shall be residents of the same grand division of the state. Immediately preceding appointment, each judge shall be at least thirty (30) years of age, shall have been a resident of the state for at least five (5) consecutive years, shall have been a resident of the grand division from which the judge is appointed for at least one (1) year, and shall be licensed to practice law in this state. For purposes of this subsection (a), “resident” has the same meaning as defined in § 2-1-104.
(b) The oaths of office of the judges of the court of appeals shall be filed and entered on the minutes of the court in the particular grand division from which the judge has been appointed and confirmed or subsequently elected. The oath shall likewise be filed and entered on the records in the office of the secretary of state at Nashville.
(c) The judges of the court of appeals shall be elected by the qualified voters of the state in a statewide retention election conducted in accordance with title 17, chapter 4, part 1. Vacancies on the court of appeals shall be filled by the governor in accordance with title 17, chapter 4, part 1.

History (6)

Acts 1925, ch. 100, § 3
Shan. Supp., § 6325a 3
mod. Code 1932, § 10607
Acts 1978, ch. 836, § 2
T.C.A. (orig. ed.), § 16-402
Acts 2016, ch. 528, § 4.

§ 16-4-103. Tenure and compensation of judges.

The tenure of office is eight (8) years, and the judges shall receive compensation as fixed in § 8-23-103.

History (4)

Acts 1925, ch. 100, § 3
Shan. Supp., § 6325a3
mod. Code 1932, § 10608
T.C.A. (orig. ed.), § 16-403.

§ 16-4-104. Organizational meetings — Rules.

At the first meeting of the court after the regular judicial election, the members of the court shall choose the presiding judge of the court of appeals and adopt rules of practice; and the presiding judge shall, on the request of a majority of the members, call meetings thereafter for the purpose of reconsidering or revising the rules.

History (4)

Acts 1925, ch. 100, § 7
Shan. Supp., § 6325a7
Code 1932, § 10615
T.C.A. (orig. ed.), § 16-404.

§ 16-4-105. Presiding judges.

The entire court shall have one (1) presiding judge, chosen by the members of the court, and, when sitting in sections, each section shall at all times have a presiding judge to be chosen by its members.

History (4)

Acts 1925, ch. 100, § 6
Shan. Supp., § 6325a6
Code 1932, § 10614
T.C.A. (orig. ed.), § 16-405.

§ 16-4-106. Clerks and marshals.

The clerks and marshals of the supreme court shall also be the clerks and marshals of the court of appeals, and shall perform the same duties and be subject to the same liabilities and receive the same compensation as are prescribed by law.

History (4)

Acts 1925, ch. 100, § 15
Shan. Supp., § 6325a15
Code 1932, § 10628
T.C.A. (orig. ed.), § 16-406.

§ 16-4-107. Expenses.

The expenses of the court of appeals shall be paid out of the state treasury, upon the warrant of the commissioner of finance and administration.

History (8)

Acts 1925, ch. 100, § 15
Shan. Supp., § 6325a15
mod. Code 1932, §§ 153, 10628
mod. C. Supp. 1950, § 153
modified
impl. am. Acts 1959, ch. 9, § 3
impl. am. Acts 1961, ch. 97, § 3
T.C.A. (orig. ed.), § 16-407.

§ 16-4-108. Jurisdiction — Venue.

(a)
1. (1) The jurisdiction of the court of appeals is appellate only, and extends to all civil cases except workers' compensation cases and appeals pursuant to § 37-10-304(g).
2. (2) All cases within the jurisdiction conferred on the court of appeals shall, for purposes of review, be taken directly to the court of appeals in the division within which the case arose, the eastern division to include Hamilton County and the western division to include Shelby County. As to all other cases, the exclusive right of removal and review is in the supreme court. Any case removed by mistake to the wrong court shall by that court be transferred to the court having jurisdiction of the case, direct.
(b) The court of appeals also has appellate jurisdiction over civil or criminal contempt arising out of a civil matter.

History (10)

Acts 1925, ch. 100, § 10
Shan. Supp., § 6325a10
Code 1932, § 10618
Acts 1951, ch. 9, § 1
1951, ch. 66, § 1
1977, ch. 390, § 1
T.C.A. (orig. ed.), § 16-408
Acts 1989, ch. 40, § 3
1989, ch. 147, § 2
1992, ch. 952, § 2.

§ 16-4-109. Number of judges necessary to decision.

(a) When sitting in sections of three (3) judges each, the concurrence of two (2) of the judges shall be sufficient to determine all matters coming before the section; and such action, without more, shall have effect, in all respects, as if the entire court of appeals had participated in the action.
(b) When the court sits en banc, the concurrence of seven (7) of the judges, and, when two (2) sections sit together, the concurrence of five (5) of the judges, shall so suffice and be effective.

History (5)

Acts 1925, ch. 100, § 5
Shan. Supp., § 6325a5
mod. Code 1932, §§ 10612, 10613
Acts 1978, ch. 836, § 3
T.C.A. (orig. ed.), § 16-409.

§ 16-4-110. Process.

The court of appeals, and the individual members of the court, are given power to grant writs of error, certiorari and supersedeas in cases within the jurisdiction of the court, such writs to be returnable to the court of appeals in the division in which they arose, and the practice in those cases in the court of appeals shall be the same as is prescribed for the supreme court.

History (4)

Acts 1925, ch. 100, § 11
Shan. Supp., § 6325a11
Code 1932, § 10619
T.C.A. (orig. ed.), § 16-410.

§ 16-4-111. Effect of judgments.

The court of appeals is a court of record, and its judgment shall be executed as provided in the Tennessee rules of appellate procedure.

History (6)

Acts 1925, ch. 100, § 13
Shan. Supp., § 6325a13
mod. Code 1932, § 10627
mod. C. Supp. 1950, § 10627
T.C.A. (orig. ed.), § 16-411
Acts 1981, ch. 449, § 2.

§ 16-4-112. Concurrent sessions.

The court shall sit in sections concurrently as ordered by the presiding judge in Knoxville, Nashville and Jackson, for the purpose of hearing and determining cases before it and for such length of time as may, in the judgment of the court, be required for the dispatch of the business before the court at such places.

History (5)

Acts 1925, ch. 100, § 8
Shan. Supp., § 6325a8
mod. Code 1932, § 10616
T.C.A. (orig. ed.), § 16-412
Acts 1987, ch. 256, § 1.

§ 16-4-113. Sitting in sections — Assignment of judges.

In order to expedite the trial and decision of cases, the court of appeals, when the court deems it advisable so to do, is authorized and empowered to sit in sections of three (3) judges each, at Knoxville, Nashville and Jackson, to hear and determine cases just as though all twelve (12) members were present and participating; and the presiding judge of the court of appeals shall in such event have the right, from time to time, to assign and reassign the judges and sections.

History (5)

Acts 1925, ch. 100, § 4
Shan. Supp., § 6325a4
mod. Code 1932, § 10611
Acts 1978, ch. 836, § 4
T.C.A. (orig. ed.), § 16-413.

§ 16-4-114. Transfers between grand divisions.

(a) Any case on the docket of the court of appeals, in any grand division, in which any member of the court residing in that grand division is disqualified to participate, upon order of two (2) of the judges residing in the grand division where the case is pending, may be transferred to, tried and determined in the court of appeals sitting in another grand division where no disqualification of judges exists; and a true copy of the order, duly certified by the clerk, together with a certified bill of the costs accrued on the appeal, shall be transmitted with the transcript of the record to the court of appeals in the grand division to which the case is transferred.
(b) The court of appeals is empowered to make all necessary rules to carry out the purpose of this section and to expedite the hearing of such cases.

History (4)

Acts 1929, ch. 43, §§ 1, 2
Code 1932, §§ 10625, 10626
Acts 1961, ch. 281, § 1
T.C.A. (orig. ed.), § 16-414.

§ 16-4-115. Rules of appellate procedure govern.

The procedure on appeal in the court of appeals shall be governed by the Tennessee rules of appellate procedure.

History (5)

Acts 1925, ch. 100, § 9
Shan. Supp., § 6325a9
mod. Code 1932, § 10617
T.C.A. (orig. ed.), § 16-415
Acts 1981, ch. 449, § 2.

Chapter 5 Court of Criminal Appeals

§ 16-5-101. Court of criminal appeals established.

There is created and established an appellate court in this state to be designated and styled the court of criminal appeals of Tennessee.

History (2)

Acts 1967, ch. 226, § 1
T.C.A., § 16-441.

§ 16-5-102. Judges — Qualifications.

The court of criminal appeals shall be composed of twelve (12) judges, of whom no more than four (4) shall reside in any grand division of the state. Immediately preceding appointment, each judge shall be at least thirty (30) years of age, shall have been a resident of the state for at least five (5) consecutive years, shall have been a resident of the grand division from which the judge is appointed for at least one (1) year. For purposes of this section, “resident” has the same meaning as defined in § 2-1-104. The judges shall be duly licensed to practice law in this state.

History (6)

Acts 1967, ch. 226, § 2
1969, ch. 330, §§ 1, 2
1976, ch. 636, § 1
T.C.A., § 16-442
Acts 1996, ch. 847, §§ 1, 2
2016, ch. 528, § 5.

§ 16-5-103. Election of judges — Oath.

(a) The judges of the court of criminal appeals shall be elected by the qualified voters of the state in a statewide retention election conducted in accordance with title 17, chapter 4, part 1. Vacancies on the court of criminal appeals shall be filled by the governor in accordance with title 17, chapter 4, part 1.
(b) Their oath of office shall be filed and entered on the minutes of the court in the particular grand division from which the judge has been appointed or elected. The oath shall likewise be filed and entered on the records in the office of the secretary of state at Nashville.

History (6)

Acts 1967, ch. 226, § 3
1969, ch. 330, § 3
1976, ch. 636, § 2
modified
T.C.A., § 16-443
Acts 2016, ch. 528, § 19.

§ 16-5-104. Limitation of requirements for office.

A judge of the court of criminal appeals shall only be required to qualify as a candidate and be elected by the qualified voters of the state.

History (3)

Acts 1967, ch. 226, § 4
modified
T.C.A., § 16-444.

§ 16-5-105. Compensation and expenses — Inability of judge to serve — Replacement.

(a) The compensation of the judges of the court of criminal appeals shall be the same as that received by the judges of the court of appeals.
(b) The necessary travel expense and per diem allowance incurred by the judges in the performance of their official duties under this part shall be paid and reimbursed by the state in the same manner as authorized for the judges of the supreme court and court of appeals.
(c)
1. (1) When a judge of the court of criminal appeals is unable to perform the duties of office on account of absence, sickness, disqualification or other disability, the judge or the clerk of the court shall advise the chief justice of the supreme court of the inability to serve and when so advised, the chief justice may assign a judge of the supreme court, a judge of the court of appeals, a circuit or criminal judge or chancellor or a retired judge of any of those courts to the court of criminal appeals to serve such time as the chief justice may direct, except when it appears to the chief justice that the absence, sickness, disqualification or other disability of a judge of the court of criminal appeals may be protracted, the chief justice shall certify this fact to the governor and the governor shall have the power to commission a person to fill the vacancy during the inability of the judge to serve.
2. (2) The compensation and expense allowance for the appointed judges shall be the same as for regular judges with proper adjustments being made in the compensation of retired judges or judges of trial courts when serving on the court of criminal appeals so that the maximum received by them will not exceed the pay of the regular judges.

History (3)

Acts 1967, ch. 226, § 5
1968, ch. 414, § 1
T.C.A., § 16-445.

§ 16-5-106. Election of presiding judge — Rules of practice — Special meetings.

(a) The members of the court at the first meeting of the court, after each judicial election, shall choose one (1) of its members as presiding judge of the court of criminal appeals.
(b) The court at its first meeting under this section shall have the authority to adopt and promulgate its own rules of practice, and the rules may be revised from time to time as the court deems advisable and proper.
(c) The presiding judge shall, upon a request of a majority of the members, call special meetings of the court for the purpose of revising or reconsidering its rules of practice, or for any other purpose that may be desired.

History (2)

Acts 1967, ch. 226, § 6
T.C.A., § 16-446.

§ 16-5-107. Places of sitting — Terms — Out of term sittings — Panels and en banc sessions — Majority required for decisions.

(a) The court of criminal appeals shall sit at Knoxville, Nashville, Jackson and such other places as the presiding judge may from time to time designate for the purpose of hearing and deciding cases and such other matters as may come before it for its consideration and determination.
(b) The regular terms of the court of criminal appeals shall be the fourth Monday in June at Knoxville; the third Monday in February at Nashville; and the second Monday in October at Jackson.
(c) The court of criminal appeals may sit at such places as the presiding judge may designate without reference to terms, for the purpose of hearing and deciding cases and other matters before it, and for such period of time as may in the judgment of the court be necessary or required for the prompt and orderly dispatch of the business before the court at such time.
(d) The court of criminal appeals shall sit in panels of three (3) judges. The court may sit en banc, or in panels of five (5) or seven (7) judges, at any regular or special term, in the discretion of the presiding judge thereof, entered upon the minutes of the particular court in each instance. In each such event, the concurrence of a majority of the judges so sitting shall be necessary to constitute a decision of the court.

History (7)

Acts 1967, ch. 226, § 7
1969, ch. 330, § 4
1973, ch. 395, § 1
1974, ch. 520, § 1
1976, ch. 636, § 3
T.C.A., § 16-447
Acts 1996, ch. 704, § 1.

§ 16-5-108. Jurisdiction.

(a) The jurisdiction of the court of criminal appeals shall be appellate only, and shall extend to review of the final judgments of trial courts in:
1. (1) Criminal cases, both felony and misdemeanor;
2. (2) Habeas corpus and Post-Conviction Procedure Act proceedings attacking the validity of a final judgment of conviction or the sentence in a criminal case, and other cases or proceedings instituted with reference to or arising out of a criminal case;
3. (3) Civil or criminal contempt arising out of a criminal matter; and
4. (4) Extradition cases.
(b) The court or any judge of the court shall also have jurisdiction to grant petitions for certiorari and supersedeas in proper cases within its jurisdiction as provided by law.

History (5)

Acts 1967, ch. 226, § 8
1971, ch. 156, § 1
T.C.A., § 16-448
Acts 1989, ch. 40, § 1
1994, ch. 609, § 1.

§ 16-5-109. Clerks and marshals — Appeal fees and court costs.

The clerks and marshals of the supreme court shall also act and be the clerks and marshals of the court of criminal appeals. They shall perform the same duties and functions with respect to the court of criminal appeals and be subject to the same liabilities as may be prescribed by law. The appeal fees and court costs in the court of criminal appeals shall be the same as authorized by law, and neither the clerks nor marshals shall receive any additional compensation for their services as clerks and marshals of the court of criminal appeals.

History (2)

Acts 1967, ch. 226, § 9
T.C.A., § 16-449.

§ 16-5-110. Transfer and docketing of cases.

(a) All cases appealed to the court of criminal appeals for the purpose of review shall be filed and docketed with the clerk of the court of criminal appeals for the grand division within which the case arose. All appeal cases originating in the western grand division shall be filed with the clerk of the court of criminal appeals at Jackson. All cases from the middle grand division shall be filed with the clerk of the court at Nashville, and all cases originating in the eastern grand division shall be filed with the clerk of the court at Knoxville.
(b) The court of criminal appeals, in its discretion, may transfer any case, appeal record, or any other matter of business coming before the court from one grand division to another grand division for hearing when the respective parties agree to the transfer. Upon application or motion by either of the parties for the case to be transferred to another grand division, the court, in its discretion, may issue an order of transfer when it finds the ends of justice require, and the transfer is necessary and proper to safeguard the interest of the respective parties or in the interest of the general public welfare.

History (4)

Acts 1967, ch. 226, § 10
modified
T.C.A., § 16-450
Acts 1981, ch. 449, § 2.

§ 16-5-111. Effect of judgments.

The court of criminal appeals is a court of record, and its judgment shall be executed as provided in the Tennessee rules of appellate procedure.

History (3)

Acts 1967, ch. 226, § 11
T.C.A., § 16-451
Acts 1981, ch. 449, § 2.

§ 16-5-112. [Reserved.]

§ 16-5-113. Office space for judges — Rental allowance — Secretaries — Salaries and travel expense.

Each judge of the court of criminal appeals shall be furnished office space in the county of the judge's residence by the state. In the event no office space is available either from the state or county, then each judge shall receive the same monthly allowance from the state as authorized by law for office rental expense. Likewise, each judge of the court of criminal appeals shall have a secretary, and the salary and travel expense allowance of the secretary shall be the same as authorized by law for the secretary of each judge of the court of appeals.

History (2)

Acts 1967, ch. 226, § 13
T.C.A., § 16-453.

Chapter 6 Criminal Justice Veterans Compensation Act (CJVC) of 2015

§ 16-6-101. Chapter definitions.

As used in this chapter:
1. (1) “Nonadversarial approach” means that the district attorney general and the defense attorney work together for the benefit of the veterans treatment court program participants and the program; and
2. (2) “Veterans treatment court program” means a stand-alone veterans treatment court program established by a judge of a court of this state exercising criminal jurisdiction or a veterans court track created within an existing certified drug court.

Backlinks (1)

16-22-109(e)(6)

History (1)

Acts 2015, ch. 453, § 3.

§ 16-6-102. Powers of veterans treatment court program.

A veterans treatment court program shall have the same powers as the court that created it. Any disagreements shall be resolved prior to court and not in front of the participants.

History (1)

Acts 2015, ch. 453, § 4.

§ 16-6-103. Key components of veterans treatment court programs.

All veterans treatment court programs in this state shall be established and operated according to the following ten (10) key components as adopted by the National Clearinghouse for Veterans Treatment Courts at the National Association of Drug Court Professionals:
1. (1) Veterans treatment courts integrate alcohol and drug treatment and mental health services with justice system case processing;
2. (2) Veterans treatment courts promote public safety while protecting participants' due process rights by prosecution and defense counsel using a nonadversarial approach;
3. (3) Veterans treatment courts identify eligible participants early and promptly place them in the veterans treatment court program;
4. (4) Veterans treatment courts provide access to a continuum of alcohol, drug, mental health, and other related treatment and rehabilitation services;
5. (5) Veterans treatment courts monitor abstinence by frequent alcohol and other drug testing;
6. (6) Veterans treatment courts establish a coordinated strategy to govern responses to participants' compliance;
7. (7) Veterans treatment courts maintain ongoing judicial interaction with each veteran as an essential component of the program;
8. (8) Veterans treatment courts utilize monitoring and evaluation to measure the achievement of program goals and gauge effectiveness;
9. (9) Veterans treatment courts employ continuing interdisciplinary education and training to promote effective veterans treatment court planning, implementation, and operations; and
10. (10) Veterans treatment courts forge partnerships among the court, the veterans administration, public agencies, and community-based organizations to generate local support and enhance veterans treatment court effectiveness.

History (1)

Acts 2015, ch. 453, § 5.

§ 16-6-104. Administration by department of mental health and substance abuse services.

The department of mental health and substance abuse services shall administer veterans treatment court programs by:
1. (1) Defining, developing, and gathering outcome measures for veterans treatment court programs, established by this chapter;
2. (2) Collecting, reporting, and disseminating veterans court treatment program data;
3. (3) Supporting a state veterans treatment mentor program;
4. (4) Sponsoring and coordinating state veterans treatment court program training;
5. (5) Awarding, administering, and evaluating state veterans treatment court program grants;
6. (6) Developing standards of operation for veterans treatment court programs to ensure there is a significant population of veterans in the criminal justice system willing to volunteer to participate in veterans treatment court programs so that funds are allocated to meet the greatest need; and
7. (7) Establishing three (3) veterans treatment court advisory committee member positions on the drug court advisory committee established by § 16-22-108.

Backlinks (3)

History (1)

Acts 2015, ch. 453, § 6.

§ 16-6-105. Application for veterans treatment court program grant funds — Use of funds.

(a) A court exercising criminal jurisdiction within this state or an existing veterans treatment court program created by a court exercising criminal jurisdiction may apply for veterans treatment court program grant funds established in § 16-22-109(e)(4). If the department of mental health and substance abuse services determines that the court is able to administer a veterans treatment court program, then the department shall award the court grant money to fund a veterans treatment court program.
(b) If the department determines that a court is able to administer a veterans treatment court program and grant money is awarded pursuant to subsection (a), then the county in which the court operates shall provide a courtroom and a judge for the veterans treatment court program and all necessary supplies and equipment for the maintenance of the court, and shall defray the expenses thereof from the general fund of the county.
(c) Funds allocated pursuant to this section may be used to:
1. (1) Fund a full-time or part-time program director position;
2. (2) Fund veterans treatment court program staff whose job duties are directly related to program operations;
3. (3) Fund substance abuse treatment, mental health treatment, and other direct services for veterans treatment court program participants;
4. (4) Fund drug testing;
5. (5) Fund program costs directly related to program operations; and
6. (6) Implement or continue veterans treatment court program operations.

History (2)

Acts 2015, ch. 453, § 7
2024, ch. 897, § 1.

§ 16-6-106. Prohibited uses of veterans treatment court program grant awards.

The department of mental health and substance abuse services veterans treatment court program grant awards shall not be:
1. (1) Used to pay for costs not directly related to veterans treatment court program operations;
2. (2) Made to any court that does not agree to operate its veterans treatment court program in accordance with the principles set out in this chapter;
3. (3) Used for construction or land acquisition;
4. (4) Used to pay bonuses or commissions to any individuals or organizations; or
5. (5) Used to form a corporation.

History (1)

Acts 2015, ch. 453, § 8.

Chapter 10 Circuit and Criminal Courts

Part 1 Jurisdiction and Powers

§ 16-10-101. General jurisdiction.

The circuit court is a court of general jurisdiction, and the judge of the circuit court shall administer right and justice according to law, in all cases where the jurisdiction is not conferred upon another tribunal.

History (4)

Code 1858, § 4225 (deriv. Acts 1835-1836, ch. 5, § 7)
Shan., § 6063
Code 1932, § 10318
T.C.A. (orig. ed.), § 16-501.

§ 16-10-102. Criminal jurisdiction.

The circuit court has exclusive original jurisdiction of all crimes and misdemeanors, either at common law or by statute, unless otherwise expressly provided by statute or this code.

History (4)

Code 1858, § 4226 (deriv. Acts 1835-1836, ch. 19, § 3)
Shan., § 6064
mod. Code 1932, § 10319
T.C.A. (orig. ed.), § 16-502.

§ 16-10-103. Will contests.

The circuit court has jurisdiction to try and determine all issues made up to contest the validity of last wills and testaments.

History (5)

Code 1858, § 4227 (deriv. Acts 1835-1836, ch. 5, § 9)
Shan., § 6065
Code 1932, § 10320
T.C.A. (orig. ed.), § 16-503
Acts 1991, ch. 152, § 1.

§ 16-10-104. Restoration of citizenship.

The circuit court has exclusive jurisdiction to hear and determine applications to be restored to citizenship, made by persons who have been rendered infamous by the judgment of any court of this state.

History (4)

Code 1858, § 4228 (deriv. Acts 1851-1852, ch. 30, § 1)
Shan., § 6066
Code 1932, § 10321
T.C.A. (orig. ed.), § 16-504.

§ 16-10-105. Arbitrations and agreed cases.

The circuit court has jurisdiction to enter judgments on awards of arbitrators and to hear and determine agreed cases.

History (4)

Code 1858, § 4229 (deriv. Acts 1851-1852, ch. 173)
Shan., § 6067
Code 1932, § 10322
T.C.A. (orig. ed.), § 16-505.

§ 16-10-106. Contractual debts and demands.

The circuit court has jurisdiction, concurrent with courts of general sessions, to the extent of the jurisdiction of the courts of general sessions, of all debts and demands on contract over fifty dollars ($50.00).

History (5)

Code 1858, § 4230 (deriv. Acts 1835-1836, ch. 5, § 7)
Shan., § 6068
Code 1932, § 10323
impl. am. Acts 1979, ch. 68, §§ 2, 3
T.C.A. (orig. ed.), § 16-506.

§ 16-10-107. Change of name — Legitimation.

The circuit court and the chancery court have concurrent jurisdiction to change and alter the names of persons and to legitimate children.

History (6)

Code 1858, § 4231 (deriv. Acts 1805, ch. 2)
Shan., § 6069
Code 1932, § 10324
impl. am. Acts 1951, ch. 202
T.C.A. (orig. ed.), § 16-507
Acts 1984, ch. 682, § 1.

§ 16-10-108. Divorce — Adoption — Trustees.

The circuit court has concurrent jurisdiction with the chancery court to grant divorces, to authorize the adoption of children, to release testamentary and other trustees, and to appoint trustees in place of those released or dead, and also to decree, on petitions of trustees, by will or otherwise, for the sale of property, real or personal.

History (8)

Code 1858, § 4232 (deriv. Acts 1835-1836, ch. 19, § 4
1835-1836, ch. 20, § 1
1845-1846, ch. 194
1847-1848, ch. 13)
Shan., § 6070
Code 1932, § 10325
Acts 1951, ch. 202, § 40 (Williams, § 9572.52)
T.C.A. (orig. ed.), § 16-508.

§ 16-10-109. Partition and sale of property.

The circuit court has concurrent jurisdiction with the chancery and county courts to make partition and distribution; and, for this purpose, to sell property, real or personal, if necessary, or manifestly to the interest of the parties; and to sell land to pay debts of decedents where the personal assets are insufficient.

History (6)

Code 1858, § 4233 (deriv. Acts 1835-1836, ch. 19, § 4
1835-1836, ch. 20, § 1)
Shan., § 6071
Code 1932, § 10326
Acts 1976, ch. 529, § 3
T.C.A. (orig. ed.), § 16-509.

§ 16-10-110. Abatement of nuisances.

The circuit court is clothed with all the powers of the chancery court to abate nuisances, in an action brought for recovery of damages resulting from a nuisance, upon the finding of a jury that the subject matter of a complaint is a nuisance, and judgment entered thereon.

History (4)

Code 1858, § 4235
Shan., § 6073
Code 1932, § 10328
T.C.A. (orig. ed.), § 16-510.

§ 16-10-111. Equity powers.

Any suit of an equitable nature, brought in the circuit court, where objection has not been taken to the jurisdiction, may be transferred to the chancery court of the county, or heard and determined by the circuit court upon the principles of a court of equity, with power to order and take all proper accounts, and otherwise to perform the functions of a chancery court.

History (5)

Code 1858, § 4236 (deriv. Acts 1851-1852, ch. 152, § 9)
Shan., § 6074
mod. Code 1932, § 10329
Acts 1972, ch. 565, § 2
T.C.A. (orig. ed.), § 16-511.

§ 16-10-112. Appellate jurisdiction.

The circuit court has an appellate jurisdiction of all suits and actions, of whatsoever nature, unless otherwise provided, instituted before any inferior jurisdiction, whether brought by appeal, certiorari, or in any other manner prescribed by law.

History (4)

Code 1858, § 4234 (deriv. Acts 1835-1836, ch. 19, § 3)
Shan., § 6072
mod. Code 1932, § 10327
T.C.A. (orig. ed.), § 16-512.

§ 16-10-113. Jurisdiction of contract enforcement.

Notwithstanding any law to the contrary, contracts for goods or services between individuals, partnerships, associations, corporations, governmental entities or limited liability companies are enforceable in either circuit or chancery court in the county where:
1. (1) The defendant may be found;
2. (2) The contract was executed;
3. (3) The goods were provided or were to be provided; or
4. (4) Services were rendered or were to be rendered.

History (1)

Acts 2007, ch. 351, § 1.

Part 2 Operation

§ 16-10-201. Duty of judge to attend court — Adjournment by clerk.

It is the duty of the circuit judge to attend and hold court at the time appointed by law; but if for any reason the circuit judge fails to appear, the clerk of the court may open and adjourn the court from time to time to some future day or days, or, if the clerk thinks the rights and interests of litigants or the business of the court require it, may so open and adjourn the court to some future day or days subsequent to the time allowed by law in which to hold such court. If no judge attends by four o'clock p.m. (4:00 p.m.) on the day to which the clerk last adjourned the court, then the court shall be adjourned by the clerk to the court in course.

History (7)

Code 1858, § 4220 (deriv. Acts 1835-1836, ch. 5, § 5)
Acts 1901, ch. 16, § 1
1907, ch. 592, § 1
Shan., § 6058
mod. Code 1932, § 10313
T.C.A. (orig. ed.), § 16-515
Acts 1984, ch. 931, § 17.

§ 16-10-202. Days court not held.

If, from any cause, the court is not held on any day after it has been opened, there shall be no discontinuance; but, as soon as the cause is removed, the court may proceed to business as before.

History (5)

Code 1858, § 4222 (deriv. Acts 1835-1836, ch. 5, § 5)
Shan., § 6060
Code 1932, § 10315
T.C.A. (orig. ed.), § 16-516
Acts 1984, ch. 931, § 18.

§ 16-10-203. Duration of court.

Each of the circuit courts shall continue until the business of the court is dispatched, unless the judge is sooner compelled to leave, in order to arrive in time at the next succeeding court of the judicial district.

History (5)

Code 1858, § 4218 (deriv. Acts 1835-1836, ch. 5, § 4)
Shan., § 6056
Code 1932, § 10310
T.C.A. (orig. ed.), § 16-517
Acts 1984, ch. 931, § 19.

§ 16-10-204. Adjournment during trial.

In no case, after the trial of a cause is commenced, shall the judge adjourn the court until the cause is tried, except in cases where the jury cannot agree, or, from some other cause, a mistrial is ordered.

History (4)

Code 1858, § 4219 (deriv. Acts 1835-1836, ch. 5, § 4)
Shan., § 6057
Code 1932, § 10311
T.C.A. (orig. ed.), § 16-518.

§ 16-10-205. Relief from firearm disabilities imposed on persons adjudicated as mental defective or judicially committed to mental institution.

(a) A person who is subject to 18 U.S.C. § 922(d)(4) and (g)(4), § 39-17-1307(i), or § 39-17-1316(q)(4) because the person has been adjudicated as a mental defective or judicially committed to a mental institution, as defined in § 16-10-213, may petition the circuit or criminal court that entered the judicial commitment or adjudication order for relief from the firearm disabilities imposed by the adjudication or judicial commitment; provided, that the person may not petition the court until three (3) years from the date of release from commitment or the date of the adjudication order, whichever is later.
(b) A copy of the petition for relief shall also be served on the district attorney general of the judicial district in which the original judicial commitment or adjudication occurred. The district attorney general may appear, support, object to, or present evidence relevant to the relief sought by the petitioner.
(c) The court shall receive and consider evidence in an open proceeding, including evidence offered by the petitioner, concerning:
1. (1) The circumstances that led to the imposition of the firearms disability under 18 U.S.C. § 922(d)(4) and (g)(4), § 39-17-1307(i), or § 39-17-1316(q)(4);
2. (2) The petitioner's mental health records;
3. (3) The petitioner's criminal history;
4. (4) The petitioner's reputation; and
5. (5) Changes in the petitioner's condition or circumstances relevant to the relief sought.
(d) The court shall grant the petition for relief if it finds by a preponderance of the evidence and enters into the record the following:
1. (1) The petitioner is no longer likely to act in a manner that is dangerous to public safety; and
2. (2) Granting the relief would not be contrary to the public interest.
(e) A record of the proceedings shall be made by a certified court reporter or by court-approved electronic means. Except in matters resulting in criminal adjudication, the means of recording is to be provided by the petitioner.
(f) The petitioner may appeal a final order denying the requested relief, and the review on appeal, if granted, shall be de novo.
(g) A person may file a petition for relief under this section no more than once every two (2) years.
(h) Relief from a firearm disability granted under this section has no effect on the loss of civil rights, including firearm rights, for any reason other than the particular adjudication as a mental defective or judicial commitment to a mental institution from which relief is granted.
(i) When the court issues an order granting a petition of relief under subsection (d), the court clerk shall, as soon as practicable but no later than thirty (30) days after issuance, forward a copy of the order to the Tennessee bureau of investigation (TBI). The TBI, upon receipt of the order, shall:
1. (1) Immediately forward a copy of the order to the department of safety;
2. (2) Update the National Instant Criminal Background Check System database and transmit the corrected records to the federal bureau of investigation; and
3. (3) Remove and destroy all records relating to the petition for relief from any database over which the TBI exercises control.
(j) The TBI and the department of safety shall not use or permit the use of the records or information obtained or retained pursuant to this section for any purpose not specified in this section.

History (2)

Acts 2015, ch. 459, § 1
2024, ch. 784, § 2.

§ 16-10-206. Pleadings in absence of judge.

The nonattendance of a circuit court judge shall not prevent the parties from making up their pleadings in the appearance causes.

History (4)

Code 1858, § 4224 (deriv. Acts 1809 (Sept.), ch. 49, § 3)
Shan., § 6062
Code 1932, § 10317
T.C.A. (orig. ed.), § 16-520.

§ 16-10-207. Continuance in absence of judge.

None of the proceedings pending in the circuit or criminal courts shall be discontinued by the nonattendance of the judge, or the judge's death at any time, but, in such cases, all matters depending shall stand continued, if no designated judge appear to serve.

History (6)

Code 1858, § 4223 (deriv. Acts 1794, ch. 1, § 8)
Shan., § 6061
mod. Code 1932, § 10316
modified
T.C.A. (orig. ed.), § 16-521
Acts 1984, ch. 931, § 21.

§ 16-10-208 — 16-10-211. [Reserved.]

§ 16-10-212. Money paid into court — Power of disposition.

When money is paid into the circuit or law courts of this state to satisfy judgments rendered in the circuit or law court, or money is paid into the circuit or law courts by reason of other proceedings had in the courts, and the money belongs to or is the property of minors, life tenants, beneficiaries of the remainder interests or contingent beneficiaries of the remainder interests or persons adjudicated incompetent, the courts are vested with powers to dispose of or to enter such orders in regard to the money as courts of chancery now have. Nothing in this section shall be construed as to deprive the chancery courts of their jurisdiction in regard to such matters.

History (3)

Acts 1955, ch. 140, § 1
T.C.A., § 16-526
Acts 2011, ch. 47, § 12.

§ 16-10-213. Information to be collected and reported to the federal bureau of investigation-NICS index and the department of safety by those circuit courts and criminal courts in which commitments to a mental institution are ordered.

(a) As used in this section:
1. (1) “Adjudication as a mental defective or adjudicated as a mental defective” means:
  1. (A) A determination by a court in this state that a person, as a result of marked subnormal intelligence, mental illness, incompetency, condition or disease:
    1. (i) Is a danger to such person or to others; or
    2. (ii) Lacks the ability to contract or manage such person's own affairs due to mental defect;
  2. (B) A finding of insanity or that a person is incompetent to stand trial by a court in a criminal proceeding; or
  3. (C) A finding that a person is incompetent to stand trial or is found not guilty by reason of insanity pursuant to §§ 50a and 72b of the Uniform Code of Military Justice (10 U.S.C. §§ 850a, 876b);
2. (2) “Judicial commitment to a mental institution” means a judicially ordered involuntary admission to a private or state hospital or treatment resource in proceedings conducted pursuant to title 33, chapter 6 or 7;
3. (3) “Mental institution” means a mental health facility, mental hospital, sanitarium, psychiatric facility and any other facility that provides diagnoses by a licensed professional of mental retardation or mental illness, including, but not limited to, a psychiatric ward in a general hospital; and
4. (4) “Treatment resource” means any public or private facility, service or program providing treatment or rehabilitation services for mental illness or serious emotional disturbance, including, but not limited to, detoxification centers, hospitals, community mental health centers, clinics or programs, halfway houses and rehabilitation centers.
(b) Those circuit courts and criminal courts wherein commitments to a mental institution are ordered pursuant to title 33, chapter 6 or 7 or persons are adjudicated as a mental defective shall enter a standing and continuing order instructing the clerk to collect and report as soon as practicable, but no later than the third business day following the date of such an order or adjudication, information described in subsection (c) regarding individuals who have been adjudicated as a mental defective or judicially committed to a mental institution for the purposes of complying with the NICS Improvement Amendments Act of 2007, P.L. 110-180.
(c) The following information shall be collected and reported to the federal bureau of investigation-NICS Index and the department of safety, pursuant to subsection (b):
1. (1) Complete name and all aliases of the individual judicially committed or adjudicated as a mental defective, including, but not limited to, any names that the individual may have had or currently has by reason of marriage or otherwise;
2. (2) Case or docket number of the judicial commitment or the adjudication as a mental defective;
3. (3) Date judicial commitment ordered or adjudication as a mental defective was made;
4. (4) Private or state hospital or treatment resource to which the individual was judicially committed;
5. (5) Date of birth of the individual judicially committed or adjudicated as a mental defective, if such information has been provided to the clerk;
6. (6) Race and sex of the individual judicially committed or adjudicated as a mental defective; and
7. (7) Social security number of the individual judicially committed or adjudicated as a mental defective if available.
Backlinks (1)
- 16-1-117(a)(6)(A)
(d) The information in subdivisions (c)(1)-(5), the confidentiality of which is protected by other statutes or regulations, shall be maintained as confidential and not subject to public inspection pursuant to applicable statutes or regulations, except for such use as may be necessary in the conduct of any proceedings pursuant to §§ 38-6-109, 39-17-1316, and 39-17-1352 — 39-17-1354.

Backlinks (5)

History (4)

Acts 2009, ch. 578, § 1
2013, ch. 300, § 3
2018, ch. 799, §§ 2, 5
2024, ch. 784, § 3.

Chapter 11 Chancery Courts

Part 1 Jurisdiction and Powers

§ 16-11-101. General powers.

The chancery court has all the powers, privileges and jurisdiction properly and rightfully incident to a court of equity.

History (4)

Code 1858, § 4279 (deriv. Acts 1835-1836, ch. 4, § 1)
Shan., § 6088
mod. Code 1932, § 10349
T.C.A. (orig. ed.), § 16-601.

§ 16-11-102. Jurisdiction of civil causes — Transfer to circuit court.

(a) The chancery court has concurrent jurisdiction, with the circuit court, of all civil causes of action, triable in the circuit court, except for unliquidated damages for injuries to person or character, and except for unliquidated damages for injuries to property not resulting from a breach of oral or written contract; and no demurrer for want of jurisdiction of the cause of action shall be sustained in the chancery court, except in the cases excepted.
(b) Any suit in the nature of the cases excepted in subsection (a) brought in the chancery court, where objection has not been taken by a plea to the jurisdiction, may be transferred to the circuit court of the county, or heard and determined by the chancery court upon the principles of a court of law.

History (6)

Acts 1877, ch. 97, §§ 1, 2
1915, ch. 47
Shan., § 6109
mod. Code 1932, § 10377
Acts 1977, ch. 294, § 1
T.C.A. (orig. ed.), § 16-602.

§ 16-11-103. Jurisdiction of equity causes.

The chancery court has exclusive original jurisdiction of all cases of an equitable nature, where the debt or demand exceeds fifty dollars ($50.00), unless otherwise provided by this code. It has no jurisdiction of any debt or demand of less value than fifty dollars ($50.00), unless otherwise specifically provided.

History (5)

Code 1858, §§ 4280, 4281 (deriv. Acts 1801, ch. 6, § 1
1835-1836, ch. 4, § 1)
Shan., §§ 6089, 6090
mod. Code 1932, §§ 10350, 10351
T.C.A. (orig. ed.), § 16-603.

§ 16-11-104. Proceedings in aid of execution.

The chancery court has exclusive jurisdiction to aid a creditor, by judgment or decree, to subject the property of the defendant that cannot be reached by execution to the satisfaction of the judgment or decree under this code.

History (4)

Code 1858, § 4282
Shan., § 6091
Code 1932, § 10352
T.C.A. (orig. ed.), § 16-604.

§ 16-11-105. Suits by state against corporations.

The court has power to hear and determine all controversies between the state and corporations, their stockholders or creditors, upon a bill filed by the attorney general and reporter on behalf of the state.

History (4)

Code 1858, § 4296 (deriv. Acts 1839-1840, ch. 1, § 4)
Shan., § 6105
mod. Code 1932, § 10366
T.C.A. (orig. ed.), § 16-605.

§ 16-11-106. Boundary disputes.

(a) The chancery court has jurisdiction to hear and determine all cases in which the boundary line or lines of adjoining or contiguous tracts of land is one, or the only, question at issue in the case.
(b) In all such cases a complete deraignment of title by the complainant from a state grant or common source of title shall not be required as in ejectment cases, but it shall be sufficient to establish title in the complainant where the complainant proves clearly that the complainant is the true owner of the lands described in the complainant's bill.

History (4)

Acts 1915, ch. 122, §§ 1, 2
Shan., §§ 6106 a1, 6106 a2
mod. Code 1932, §§ 10368, 10369
T.C.A. (orig. ed.), §§ 16-606, 16-607.

§ 16-11-107. Suits on foreign judgments.

When a judgment has been recovered in any other state against a resident of such state, and the creditor has exhausted the creditor's legal remedy, the real or personal property of the debtor in this state may be subjected to the satisfaction of such debt, by bill stating the facts under oath, and filed in the court of the county in which the property is situated.

History (4)

Code 1858, § 4297 (deriv. Acts 1801, ch. 6, § 2)
Shan., § 6106
Code 1932, § 10367
T.C.A. (orig. ed.), § 16-608.

§ 16-11-108. Persons adjudicated incompetent.

The chancery court has jurisdiction, concurrent with the county court, over persons adjudicated incompetent and their estates.

History (5)

Code 1858, § 4298 (deriv. Acts 1851-1852, ch. 163, § 1)
Shan., § 6107
Code 1932, § 10375
T.C.A. (orig. ed.), § 16-609
Acts 2011, ch. 47, § 13.

§ 16-11-109. Infants and guardians.

The chancery court has jurisdiction, concurrent with the county court, of the persons and estates of infants, and of the appointment and removal of guardians.

History (4)

Code 1858, § 4299
Shan., § 6108
Code 1932, § 10376
T.C.A. (orig. ed.), § 16-610.

§ 16-11-110. Divorce proceedings — Adoptions.

The chancery court has jurisdiction, concurrent with the circuit court, of all proceedings for divorce and for the adoption of children.

History (6)

Code 1858, § 4301 (deriv. Acts 1835-1836, ch. 20, § 1)
Shan., § 6111
Code 1932, § 10379
Acts 1951, ch. 202, § 2 (Williams, § 9572.16)
modified
T.C.A. (orig. ed.), § 16-612.

§ 16-11-111. Partition or sale of property.

The chancery court has jurisdiction, concurrent with the circuit and county courts, of proceedings for the partition or sale of estates by personal representatives, guardians, heirs, or tenants in common, and for the sale of land at the instance of creditors of the decedent, if the personal property is insufficient to satisfy the debts of the estate.

History (6)

Code 1858, § 4302 (deriv. Acts 1787, ch. 17
1835-1836, ch. 20, § 1)
Shan., § 6112
mod. Code 1932, § 10380
Acts 1976, ch. 529, § 4
T.C.A. (orig. ed.), § 16-613.

§ 16-11-112. Arbitration and agreed cases.

The chancery court has jurisdiction, concurrent with all other judicial tribunals, of arbitration and agreed cases under this code.

History (4)

Code 1858, § 4303 (deriv. Acts 1851-1852, ch. 173, § 1)
Shan., § 6113
Code 1932, § 10381
T.C.A. (orig. ed.), § 16-614.

§ 16-11-113. Appointment of administrator.

The chancery court may appoint an administrator of a decedent's estate six (6) months after the decedent's death, where no person can be procured to administer in the usual way, as provided in title 30, chapter 3.

History (4)

Code 1858, § 4304 (deriv. Acts 1841-1842, ch. 177, § 1)
Shan., § 6114
Code 1932, § 10382
T.C.A. (orig. ed.), § 16-615.

§ 16-11-114. Venue of suits.

The local jurisdiction of the chancery court is subject to the following rules:
1. (1) All bills filed in any court seeking to divest or clear the title to land, or to enforce the specific execution of contracts relating to realty, or to foreclose a mortgage or deed of trust by a sale of personal property or realty, shall be filed in the county in which the land, or a material part of it, lies, or in which the deed or mortgage is registered;
2. (2) Bills seeking to enjoin proceedings at law may be filed in the county in which the suit is pending, or to which execution has issued;
3. (3) Bills against nonresidents, or persons whose names or residences are unknown, may be filed in the county in which the cause of action arose, or the act on which the suit is predicated was to be performed, or in which is the subject of the suit, or any material part thereof; and
4. (4) When attachment of property is allowed in lieu of personal service of process, the bill may be filed in the county in which the property, or any material part of the property sought to be attached, is found at the commencement of the suit.

History (10)

Code 1858, § 4311 (deriv. Acts 1787, ch. 22, § 1
1801, ch. 6, § 2
1825, ch. 22, §§ 1, 2
1827, ch. 42, § 1
1833, ch. 52)
Acts 1877, ch. 107, § 1
Shan., § 6121
Code 1932, § 10388
T.C.A. (orig. ed.), § 16-617
Acts 1994, ch. 560, § 1.

§ 16-11-115. Jurisdiction of contract enforcement.

Notwithstanding any law to the contrary, contracts for goods or services between individuals, partnerships, associations, corporations, governmental entities or limited liability companies are enforceable in either chancery or circuit court in the county where:
1. (1) The defendant may be found;
2. (2) The contract was executed;
3. (3) The goods were provided or were to be provided; or
4. (4) Services were rendered or were to be rendered.

History (1)

Acts 2007, ch. 351, § 2.

Part 2 Operation

§ 16-11-201. Transfers between courts.

Any cause pending in the chancery court may be transferred, by consent of parties, to the chancery court of another county.

History (4)

Code 1858, § 4308 (deriv. Acts 1835-1836, ch. 4, § 10)
Shan., § 6118
mod. Code 1932, § 10386
T.C.A. (orig. ed.), § 16-618.

§ 16-11-202. Relief from firearm disabilities imposed on persons adjudicated as mental defective or judicially committed to mental institution.

(a) A person who is subject to 18 U.S.C. § 922(d)(4) and (g)(4), § 39-17-1307(i), or § 39-17-1316(q)(4) because the person has been adjudicated as a mental defective or judicially committed to a mental institution, as defined in § 16-11-206, may petition the chancery court that entered the judicial commitment or adjudication order or the chancery court where the petitioner resides for relief from the firearm disabilities imposed by the adjudication or judicial commitment; provided, that the person may not petition the court until three (3) years from the date of release from commitment or the date of the adjudication order, whichever is later.
(b) A copy of the petition for relief shall also be served on the district attorney general of the judicial district in which the original judicial commitment or adjudication occurred. The district attorney general may appear, support, object to, or present evidence relevant to the relief sought by the petitioner.
(c) The court shall receive and consider evidence in an open proceeding, including evidence offered by the petitioner, concerning:
1. (1) The circumstances that led to the imposition of the firearms disability under 18 U.S.C. § 922(d)(4) and (g)(4), § 39-17-1307(i), or § 39-17-1316(q)(4);
2. (2) The petitioner's mental health records;
3. (3) The petitioner's criminal history;
4. (4) The petitioner's reputation; and
5. (5) Changes in the petitioner's condition or circumstances relevant to the relief sought.
(d) The court shall grant the petition for relief if it finds by a preponderance of the evidence and enters into the record the following:
1. (1) The petitioner is no longer likely to act in a manner that is dangerous to public safety; and
2. (2) Granting the relief would not be contrary to the public interest.
(e) A record of the proceedings, to be provided by the petitioner, shall be made by a certified court reporter or by court-approved electronic means.
(f) The petitioner may appeal a final order denying the requested relief, and the review on appeal, if granted, shall be de novo.
(g) A person may file a petition for relief under this section no more than once every two (2) years.
(h) Relief from a firearm disability granted under this section has no effect on the loss of civil rights, including firearm rights, for any reason other than the particular adjudication as a mental defective or judicial commitment to a mental institution from which relief is granted.
(i) When the court issues an order granting a petition of relief under subsection (d), the court clerk shall, as soon as practicable but no later than thirty (30) days after issuance, forward a copy of the order to the Tennessee bureau of investigation (TBI). The TBI, upon receipt of the order, shall:
1. (1) Immediately forward a copy of the order to the department of safety;
2. (2) Update the National Instant Criminal Background Check System database and transmit the corrected records to the federal bureau of investigation; and
3. (3) Remove and destroy all records relating to the petition for relief from any database over which the TBI exercises control.
(j) The TBI and the department of safety shall not use or permit the use of the records or information obtained or retained pursuant to this section for any purpose not specified in this section.

History (2)

Acts 2015, ch. 459, § 2
2024, ch. 784, § 4.

§ 16-11-203. [Reserved.]

§ 16-11-204. Counterpart summons.

Counterpart summons, accompanied by copies of the bill, may be issued to any other counties of the state for defendants not to be found in the county in which the suit is properly brought.

History (4)

Code 1858, § 4306 (deriv. Acts 1789, ch. 57, § 1)
Shan., § 6116
Code 1932, § 10384
T.C.A. (orig. ed.), § 16-625.

§ 16-11-205. Process to other counties in general.

If the suit is properly instituted, attachments, injunctions, and all other process known to the court, and necessary to attain the ends of justice, may be issued to any other county.

History (4)

Code 1858, § 4307
Shan., § 6117
Code 1932, § 10385
T.C.A. (orig. ed.), § 16-626.

§ 16-11-206. Information to be collected and reported to the federal bureau of investigation-NICS index and the department of safety by those chancery courts in which commitments to a mental institution are ordered.

(a) As used in this section:
1. (1) “Adjudication as a mental defective or adjudicated as a mental defective” means:
  1. (A) A determination by a court in this state that a person, as a result of marked subnormal intelligence, mental illness, incompetency, condition or disease:
    1. (i) Is a danger to such person or to others; or
    2. (ii) Lacks the ability to contract or manage such person's own affairs due to mental defect;
  2. (B) A finding of insanity or that a person is incompetent to stand trial by a court in a criminal proceeding; or
  3. (C) A finding that a person is incompetent to stand trial or is found not guilty by reason of insanity pursuant to §§ 50a and 72b of the Uniform Code of Military Justice (10 U.S.C. §§ 850a, 876b);
2. (2) “Judicial commitment to a mental institution” means a judicially ordered involuntary admission to a private or state hospital or treatment resource in proceedings conducted pursuant to title 33, chapter 6 or 7;
3. (3) “Mental institution” means a mental health facility, mental hospital, sanitarium, psychiatric facility and any other facility that provides diagnoses by a licensed professional of mental retardation or mental illness, including, but not limited to, a psychiatric ward in a general hospital; and
4. (4) “Treatment resource” means any public or private facility, service or program providing treatment or rehabilitation services for mental illness or serious emotional disturbance, including, but not limited to, detoxification centers, hospitals, community mental health centers, clinics or programs, halfway houses and rehabilitation centers.
(b) Those chancery courts wherein commitments to a mental institution are ordered pursuant to title 33, chapter 6 or chapter 7 or persons are adjudicated as a mental defective shall enter a standing and continuing order instructing the clerk to collect and report as soon as practicable, but no later than the third business day following the date of such an order or adjudication, information described in subsection (c) regarding individuals who have been adjudicated as a mental defective or judicially committed to a mental institution for the purposes of complying with the NICS Improvement Amendments Act of 2007, P.L. 110-180.
(c) The following information shall be collected and reported to the federal bureau of investigation-NICS index and the department of safety, pursuant to subsection (b):
1. (1) Complete name and all aliases of the individual judicially committed or adjudicated as a mental defective, including, but not limited to, any names that the individual may have had or currently has by reason of marriage or otherwise;
2. (2) Case or docket number of the judicial commitment or the adjudication as a mental defective;
3. (3) Date judicial commitment ordered or adjudication as a mental defective was made;
4. (4) Private or state hospital or treatment resource to which the individual was judicially committed;
5. (5) Date of birth of the individual judicially committed or adjudicated as a mental defective, if such information has been provided to the clerk;
6. (6) Race and sex of the individual judicially committed or adjudicated as a mental defective; and
7. (7) Social security number of the individual judicially committed or adjudicated as a mental defective if available.
(d) The information in subdivisions (c)(1)–(7), the confidentiality of which is protected by other statutes or regulations, shall be maintained as confidential and not subject to public inspection pursuant to such statutes or regulations, except for such use as may be necessary in the conduct of any proceeding pursuant to §§ 38-6-109, 39-17-1316, and 39-17-1352 — 39-17-1354.

Backlinks (4)

History (4)

Acts 2009, ch. 578, § 2
2013, ch. 300, § 4
2019, ch. 262, §§ 5, 6
2024, ch. 784, § 5.

Chapter 15 Courts of General Sessions

Part 1 Establishment

§ 16-15-101. Establishment — Certain counties excepted.

(a) There is created and established a court in and for each county of the state, except in counties having a population of not less than nine thousand one hundred seventy-five (9,175) nor more than nine thousand two hundred (9,200), according to the last federal census or any subsequent federal census, which shall be designated as the court of general sessions.
(b) It is the intent of this section to create a general sessions court in every county not expressly excepted in this section. In any county where a general sessions court has been created pursuant to the general provisions of this chapter, it is intended that the county shall always have a general sessions court unless abolished by another general statute. In counties in which there is no court of general sessions as provided in this section, references in this code to the court of general sessions are deemed to include the court having the jurisdiction of the court of general sessions in such counties.

Backlinks (1)

18-4-203(b)(3)

History (13)

Acts 1959, ch. 109, §§ 1, 22
1959, ch. 255, § 1
1959, ch. 265, § 1
1961, ch. 30, § 1
1961, ch. 51, § 1
1961, ch. 188, § 1
1963, ch. 307, §§ 1, 2
1965, ch. 116, § 1
1974, ch. 507, § 1
1976, ch. 738, § 1
1979, ch. 68, § 1
T.C.A., § 16-1101
Acts 1998, ch. 573, § 1.

§ 16-15-102. Courtroom — Supplies and equipment — Expenses.

(a) Each county shall provide a courtroom for the general sessions court in the county seat and all necessary supplies and equipment for the maintenance of the court and shall defray the expenses thereof from the general fund of the county.
(b) In counties having a population of not less than thirteen thousand two hundred seventy-five (13,275) nor more than thirteen thousand two hundred ninety-five (13,295) and not less than fourteen thousand six hundred fifty (14,650) nor more than fourteen thousand six hundred seventy (14,670), according to the federal census of 1960 and every subsequent federal census, the general sessions judges shall be entitled to secretarial and office expenses in the amount of six hundred dollars ($600) per annum, payable monthly from the general funds of such counties.
(c) In counties having a population of not less than twenty-four thousand two hundred twenty (24,220) nor more than twenty-four thousand two hundred thirty-five (24,235) or not less than twelve thousand five hundred (12,500) nor more than twelve thousand six hundred (12,600), according to the 1960 federal census or any subsequent federal census, the general sessions judge shall be entitled to an allowance of one thousand dollars ($1,000) per annum, for secretarial and office expenses and the same shall be paid in equal monthly installments from the general fund of the counties.
(d) In counties of this state having a population of not less than twenty-four thousand five hundred seventy (24,570) nor more than twenty-four thousand five hundred eighty (24,580), according to the 1960 federal census or any subsequent federal census, the general sessions judge shall be entitled to an allowance of one thousand eight hundred dollars ($1,800) per annum for secretarial and office expenses, to be paid in equal monthly installments from the general fund of the county.

History (6)

Acts 1959, ch. 109, § 1
1961, ch. 146, § 1
1961, ch. 279, § 1
1965, ch. 366, § 1
1968, ch. 430, § 1
T.C.A., § 16-1102.

§ 16-15-103. Holding court at places other than county seat.

The county legislative body of each county shall be authorized and empowered, in its discretion, to require the court of general sessions to meet at not more than three (3) places in the county in addition to the county seat, to prescribe the place or places of meeting of the court, and to provide a courtroom, equipment and furnishings at such other places in the county in addition to the county seat for the sessions of the court.

History (3)

Acts 1959, ch. 109, § 1
impl. am. Acts 1978, ch. 934, §§ 7, 36
T.C.A., § 16-1103.

Part 2 Judge

§ 16-15-201. Judge of court — Qualifications — Number.

(a) There shall be one (1) judge for each court with the same qualifications and term of office as provided by the constitution of Tennessee for inferior courts.
(b) In addition to the qualifications prescribed in subsection (a), the judges of courts of general sessions of counties of the eighth class having a population of not less than nine thousand two hundred thirty (9,230) nor more than nine thousand two hundred fifty (9,250), according to the 1960 federal census or any subsequent federal census, shall have the qualifications required for the courts of record provided for in § 17-1-106.
(c) In addition to the qualifications prescribed in subsection (a), the judges of courts of general sessions of counties of the seventh class having a population of not less than fourteen thousand six hundred fifty (14,650) nor more than fourteen thousand six hundred seventy (14,670), according to the 1960 federal census or any subsequent federal census, shall have the qualifications required for the courts of record provided for in § 17-1-106.
(d) In addition to the qualifications prescribed in subsection (a), the judges of courts of general sessions of counties of the fifth class having a population of not less than twenty-eight thousand six hundred sixty (28,660) nor more than twenty-eight thousand six hundred ninety (28,690), according to the 1980 federal census or any subsequent federal census, shall have the qualifications required for the courts of record provided for in § 17-1-106.
(e) This section shall not be construed to affect or change the number of judges prescribed for any court of general sessions in any county by private act in effect as of March 11, 1959, or any private act that may be thereafter enacted prescribing more than one (1) judge for a court of general sessions in a particular county. In event of any conflict between this section and a private act as to the number of judges presiding over the court of general sessions in any particular county, the private act shall control.

History (8)

Acts 1959, ch. 109, § 9
1965, ch. 114, § 2
1967, ch. 276, § 2
1968, ch. 635, § 2
1969, ch. 44, § 2
modified
T.C.A., § 16-1105
Acts 1982, ch. 564, § 1.

§ 16-15-202. Election — Term.

(a) The judges of the court of general sessions shall be elected at the general August election each eight (8) years. They shall hold office for the term for which they are elected or until their successors are elected and qualified. Notwithstanding any other provision of private act or general law to the contrary, the term of office of any general sessions judge whose base salary is set by [former] § 16-15-205 [repealed] or whose salary is adjusted during such term of office by the method provided by [former] § 16-15-205 [repealed] or by the method established by § 8-23-103, shall be eight (8) years.
(b) Notwithstanding § 2-13-203, or any other provisions of a private act or general law to the contrary, in any county with more than one (1) judge of the court of general sessions, and where the most recent of private acts creating the judgeships provide for the nonpartisan election of the additional judges, then at subsequent regular August elections all judges of such court shall be elected on a nonpartisan basis.

History (5)

Acts 1959, ch. 109, § 13
modified
T.C.A., § 16-1106
Acts 1982, ch. 945, § 4
1997, ch. 357, § 1.

§ 16-15-203. Oath.

The oath of office shall be the same as that prescribed for circuit court judges and chancellors and shall be taken and filed in the same manner and with the same officers as prescribed for circuit court judges and chancellors.

History (2)

Acts 1959, ch. 109, § 13
T.C.A., § 16-1107.

§ 16-15-204 — 16-15-208. [Reserved.]

§ 16-15-209. Failure of judge to attend — Selection of special judge.

(a)
1. (1) If the judge of a court of general sessions or juvenile court finds it necessary to be absent from holding court, the judge may seek a special judge in accordance with the requirements of and in the numerical sequence designated by this section.
2. (2) If a special judge is necessary, the judge shall attempt to identify another judge who may serve by interchange, pursuant to § 17-2-208. If another judge cannot serve by interchange, a judge may seek to find any former or retired judge, who will, by mutual agreement, sit as special judge. The special judge shall serve by designation of the chief justice of the supreme court.
3. (3) If the judge is unable to secure a judge under subdivision (a)(2), the judge may apply to the administrative office of the courts for assistance in finding a judge to sit by designation of the chief justice as a special judge.
4. (4) Only after exhausting the procedures set out in subdivisions (a)(2) and (3), a judge may appoint a lawyer from a list, on a rotating basis, of lawyers that have been previously approved by the judge or judges of the district or county who are constitutionally qualified, in good standing, and possess sufficient experience and expertise. A lawyer appointed is subject to the following limitations, which shall be made known to persons attending any court proceeding presided over by a lawyer, as evidenced by an entry in the minutes or other permanent record of the court:
  1. (A) The lawyer may preside only if the parties and counsel are notified that the duly elected or appointed judge will be absent and that a practicing lawyer will serve as a special judge;
  2. (B) The parties choose to proceed and not to continue the case pending return of the duly elected or appointed judge;
  3. (C) The lawyer shall not approve the payment of attorney's fees involving an indigent defense claim or any discretionary fees. A special judge shall approve fees only when the exact amount is set by statute; and
  4. (D) At the opening of any court session presided over by a lawyer appointed pursuant to this section, an announcement shall be made to persons in attendance conveying the information contained in subdivisions (a)(4)(A) and (B). The making of such an announcement constitutes compliance with the notice requirements of this section.
(b) A general sessions or juvenile judge assigned to a court outside the judge's county of residence shall receive reimbursement for travel expenses from the county to which the judge is assigned. Reimbursement shall be in an amount in accordance with the comprehensive travel regulations promulgated by the supreme court.
(c) The county legislative body, by resolution adopted by a two-thirds (⅔) vote, may authorize the payment of compensation to a special judge selected pursuant to subdivision (a)(3). The amount of compensation shall not exceed the rate of compensation for other judges of the general sessions court or juvenile court for the county.
(d) Notwithstanding subdivisions (a)(2) and (3), a general sessions or juvenile judge who encounters a sudden and unexpected emergency which causes the judge to be absent from court may forego the requirements of those subdivisions and appoint a lawyer in accordance with subdivision (a)(4). The circumstances requiring the appointment of a lawyer pursuant to this subsection (d) shall be entered upon the minutes or other permanent record of the court in addition to the information required in subdivision (a)(4).
(e)
1. (1) Upon approval of this subsection (e) and subsections (f)-(h) by resolution adopted by a two-thirds (⅔) vote of the county legislative body of any county having a population in excess of eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census, and notwithstanding any other provision of this subsection (e) and subsections (f)-(h) to the contrary, if a judge of a court of general sessions or juvenile court in the county finds it necessary to be absent from holding court, another judge may sit by interchange for the absent judge upon entering an order finding it in the best interest of judicial efficiency. The order shall identify the absent judge and the interchanging judge, and shall be kept on file in the office of the clerk of the court. Upon a finding that interchange is not in the best interest of judicial efficiency, the judge so finding may appoint an attorney as a special judge. The appointments shall be on a rotating basis, from a list of attorneys previously approved by all of the duly elected or appointed general sessions or juvenile court judges, as being constitutionally qualified, in good standing, and possessing sufficient experience and skill. The appointment of a special judge shall be by written order, identifying the absent judge and the special judge, and shall be kept on file in the office of the clerk of the court.
2. (2) During the month of September each year, the clerk of the court shall prepare, for each division of court governed by subdivision (e)(1), an annual report for the preceding twelve (12) months, setting out the total number of sessions of court presided over by a special judge, or by a judge sitting by interchange. The clerk shall also report the total number of sessions of court that are scheduled in each division of court for that period. The orders and reports required by this subdivision (e)(2) shall be filed, and kept open for public inspection, by the clerk of the court. The clerk of the court shall promptly file a copy of the annual report with the administrative office of the courts, created by § 16-3-801.
(f) All special judges appointed under subsection (e) shall be subject to the following limitations:
1. (1) All parties and counsel appearing before the special judge shall be notified that the duly elected or appointed judge is absent, and that a practicing attorney is serving as special judge;
2. (2) If there is no duly elected or appointed judge available to preside over the trial of a contested case, either side shall be entitled to continue the case pending the return of a duly elected or appointed judge;
3. (3) A special judge shall not preside over a contested cause without a consent form signed by all litigants who are present at the beginning of the proceeding. The consent form shall be kept on file with the clerk of the court as part of the legal record of that cause; and
4. (4) A special judge shall not approve the payment of attorney fees, involving an indigent defense claim or any discretionary fees; provided, that a special judge may enter a judgment for attorney fees when:
  1. (A) The exact amount is set by statute; or
  2. (B) The party to be charged has executed a written agreement calling for the payment of attorney fees, and the fees shall be the amount specified in the agreement, but in no case more than one-third (⅓) of the principal amount of the debt upon which the suit is brought.
(g)
1. (1) Subsections (e) and (f) shall not apply where a judge finds it necessary to be absent from holding court and appoints as a special judge:
  1. (A) A duly elected or appointed judge of any other juvenile or general sessions court, a trial court judge; or
  2. (B) A full-time officer of the judicial system under the judge's supervision whose duty it is to perform judicial functions, such as a juvenile magistrate, a child support magistrate or clerk and master, who is a licensed attorney in good standing with the Tennessee supreme court. The judicial officer shall only serve as special judge in matters related to that officer's duties as a judicial officer.
2. (2) Notwithstanding subsections (e) and (f), a general sessions or juvenile court judge shall have the authority to appoint a special judge as provided in subdivision (g)(1).
(h)
1. (1) Notwithstanding any other law to the contrary, in any county having a population of more than eight hundred thousand (800,000), according to the 1990 federal census or any subsequent federal census, the county governing body of that county may appoint a special substitute judge or judges to serve as a judge in the court of general sessions or juvenile court in the county in the absence of any one (1) of such elected judge or judges.
2. (2) A special substitute judge appointed shall be an attorney licensed to practice law by this state and in good standing with the board of professional responsibility.
3. (3) The compensation for a special substitute judge pursuant to subsections (e)-(f) and this subsection (h) shall be fixed by the county governing body and shall be paid from any fund appropriated for such purpose by the county governing body.
(i) A general sessions or juvenile judge selected to serve by interchange pursuant to subdivision (a)(1) in a court outside the judge's county of residence shall receive reimbursement for travel expenses from the county to which the judge travels to serve. Reimbursement shall be assessed in accordance with the standard mileage rate, maximum parking fee, maximum lodging credit, maximum meals, and incidentals credit set forth in the last published comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter. Travel expenses relative to mileage, parking, meals, and incidentals shall not exceed one hundred dollars ($100) per day. A general sessions or juvenile judge entitled to reimbursement pursuant to this subsection (i) must submit all travel expense claims to the appropriate county official responsible for processing travel reimbursement.

Backlinks (3)

History (9)

Acts 1959, ch. 109, § 14
1968, ch. 533, § 1
T.C.A., § 16-1114
Acts 1994, ch. 751, § 1
1997, ch. 473, § 3
1998, ch. 943, § 1
2009, ch. 235, § 1
2010, ch. 757, §§ 1, 2
2021, ch. 266, § 1.

§ 16-15-210. Vacancy in office of judge — Filling.

(a) Except as provided in subsection (b), any vacancy in the office of judge of the court of general sessions shall be filled by the county legislative body as provided in § 5-1-104.
(b)
1. (1) In a multi-county court, the vacancy shall be filled by concurring resolutions of the legislative bodies of the affected counties.
2. (2) In the event of nonconcurrence, the vacancy shall be filled by resolution of the legislative body of the county of residence of the last judge of the multi-county court.
(c)
1. (1) In the event of an interim suspension of a general sessions court or juvenile court judge pursuant to § 17-5-306(f), the county legislative body shall appoint a temporary replacement to serve until the interim suspension is lifted or the office becomes vacant.
2. (2) In a multi-county court, the temporary replacement shall be appointed by concurring resolutions of the legislative bodies of the affected counties. In the event of nonconcurrence, the temporary replacement shall be appointed by resolution of the legislative body of the county of residence of the judge who has been suspended.

History (4)

Acts 1959, ch. 109, § 15
T.C.A., § 16-1115
Acts 1993, ch. 241, § 7
1998, ch. 669, § 1.

§ 16-15-211. Seminars.

All general sessions court judges shall be required to attend seminars offered for the particular benefit of the judges. Guidelines for the seminars, workshops, and training sessions are to be established by the administrative director of the courts. Travel and mileage expenses relative to attendance at the seminars shall be paid on an individual basis by each general sessions court judge.

History (2)

Acts 1982, ch. 945, § 3
1993, ch. 66, § 24.

Part 3 Clerk

§ 16-15-301. Clerk of court.

(a) The clerk of the circuit court of the county shall act as clerk of the court of general sessions, and when acting as clerk of the general sessions court shall be designated as the clerk of the court of general sessions of that county.
(b) In addition, the clerk of any special court now established or hereafter established, having exactly the same jurisdiction as and no more jurisdiction than the circuit court within any part and for a portion of a particular county, shall also serve as clerk of the court of general sessions within the venue of the special court.
(c) In any county in which the office of a separate clerk of a court of general sessions is created by private act, the clerk shall continue to serve as the clerk of the court of general sessions of the county in accordance with the private act.
(d) Upon written application to the circuit court judge, the clerk of the court of general sessions may be authorized and empowered to appoint deputies for the sole purpose of issuing process. Upon consideration of the application, the circuit court judge shall note the circuit court judge's approval or disapproval by a formal order upon the minutes of the court, and the order shall state the reasons why the judge deems this action to be in the public interest.

Backlinks (1)

18-4-201(b)

History (4)

Acts 1959, ch. 109, § 16
1961, ch. 329, § 1
1963, ch. 345, § 1
T.C.A., § 16-1116.

§ 16-15-302. Salaries of court officers in metropolitan government counties.

In counties governed by a metropolitan government as provided in title 7, the salaries of court officers of circuit, chancery and general sessions courts shall be the same and equal to the salaries of the court officers of the criminal courts of those counties.

History (3)

Acts 1971, ch. 201, § 1
1972, ch. 710, § 1
T.C.A., § 16-1125.

§ 16-15-303. General sessions court clerk.

(a) A general sessions court clerk shall:
1. (1) Retain, preserve and file away in order, and properly mark for easy reference all the papers in civil cases before them, unless returned or transmitted, in pursuance of law, to the circuit court upon appeal or otherwise;
2. (2) Transmit all the papers relative to the trial of a cause in which an appeal has been taken to the circuit court at least five (5) days before the term to which the appeal is returnable, unless the appeal is taken within the five (5) days, and then on, or by the first day of, the term;
3. (3) Transmit copies of such papers in the same way, in cases where only a portion of the parties have appealed;
4. (4) Return such papers, when an execution has been levied on real estate of the defendant, to the circuit court, on or before the second day of the term next after the levy; and
5. (5) Not issue an alias or pluries execution until the execution previously issued is returned, or affidavit made accounting for its absence, and a showing that it is unsatisfied.
(b) A general sessions court clerk shall keep, in a well-bound book, properly ruled for that purpose, a docket of all judgments rendered by the court, showing in whose favor and against whom each judgment is rendered, the names of the parties in full, and the date and amount of the judgment.
(c)
1. (1) A general sessions court clerk shall also keep, in the same book, an execution docket, showing the amount of each execution, in whose favor and against whom issued, the date of issuance, to whom delivered, the date of return and by whom returned, and the substance of the return, specifying particularly whether satisfied in whole or in part.
2. (2) The general sessions court clerk shall enter in the execution docket, in continuous order, and in distinct columns, with proper date to each act:
  1. (A) The number of each case;
  2. (B) The date of trial, and of each continuance, if any;
  3. (C) The names of the parties in full;
  4. (D) The amount of the judgment;
  5. (E) The name of the stayor, if any;
  6. (F) The name of the officer who returns the warrant;
  7. (G) The date of the issuance of each execution, and to whom delivered;
  8. (H) The bill of costs, the items written in words, with the amounts in figures; and
  9. (I) The date of the return of the execution, by whom returned, and the substance of the return.
(d) A substantial compliance with the requirements of this section is sufficient to render the proceedings and entries valid for all purposes, so far as the parties are concerned, and all persons claiming under them.
(e) It is a Class C misdemeanor for a clerk to fail to keep the docket of judgments rendered and an execution docket, as required by subsections (b) and (c). Conviction under this section is grounds for removal under title 8, chapter 47. In addition, a person injured by the failure of a general sessions court clerk to preserve and keep the clerk's papers or dockets may recover civil damages pursuant to the Tennessee Governmental Tort Liability Act, compiled in title 29, chapter 20.
(f)
1. (1) Any information required to be kept as a public record by a clerk of a court of general sessions 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 (f)(1) shall be construed as requiring the clerk to sell the media upon which the information is stored or maintained.
(g)
1. (1) As used in this subsection (g):
  1. (A) “Adjudication as a mental defective or adjudicated as a mental defective” means:
    1. (i) A determination by a court in this state that a person, as a result of marked subnormal intelligence, mental illness, incompetency, condition or disease:
      1. (a) Is a danger to such person or to others; or
      2. (b) Lacks the ability to contract or manage such person's own affairs due to mental defect;
    2. (ii) A finding of insanity or that a person is incompetent to stand trial by a court in a criminal proceeding; or
    3. (iii) A finding that a person is incompetent to stand trial or is found not guilty by reason of insanity pursuant to §§ 50a and 72b of the Uniform Code of Military Justice (10 U.S.C. §§ 850a, 876b);
  2. (B) “Judicial commitment to a mental institution” means a judicially ordered involuntary admission to a private or state hospital or treatment resource in proceedings conducted pursuant to title 33, chapter 6 or 7;
  3. (C) “Mental institution” means a mental health facility, mental hospital, sanitarium, psychiatric facility and any other facility that provides diagnoses by a licensed professional of mental retardation or mental illness, including, but not limited to, a psychiatric ward in a general hospital;
  4. (D) “Treatment resource” means any public or private facility, service or program providing treatment or rehabilitation services for mental illness or serious emotional disturbance, including, but not limited to, detoxification centers, hospitals, community mental health centers, clinics or programs, halfway houses and rehabilitation centers.
2. (2) In addition to the duties prescribed in this part, the clerks of the general sessions courts wherein commitments to a mental institution are ordered pursuant to title 33, chapter 6 or 7 or persons are adjudicated as a mental defective shall collect and report as soon as practicable, but no later than the third business day following the date of such an order or adjudication, information described in subsection (c) regarding individuals who have been adjudicated as a mental defective or judicially committed to a mental institution after a finding of probable cause pursuant to § 33-6-422 for the purposes of complying with the NICS Improvement Amendments Act of 2007, P.L. 110-180.
3. (3) The following information shall be collected and reported to the federal bureau of investigation-NICS Index and the department of safety, pursuant to subdivision (g)(2):
  1. (A) Complete name and all aliases of the individual judicially committed or adjudicated as a mental defective, including, but not limited to, any names that the individual may have had or currently has by reason of marriage or otherwise;
  2. (B) Case or docket number of the judicial commitment or the adjudication as a mental defective;
  3. (C) Date judicial commitment ordered or adjudication as a mental defective was made;
  4. (D) Private or state hospital or treatment resource to which the individual was judicially committed;
  5. (E) Date of birth of the individual judicially committed or adjudicated as a mental defective, if such information has been provided to the clerk;
  6. (F) Race and sex of the individual judicially committed or adjudicated as a mental defective; and
  7. (G) Social security number of the individual judicially committed or adjudicated as a mental defective if available.
4. (4) The information in subdivisions (g)(3)(A)–(G), the confidentiality of which is protected by other statutes or regulations, shall be maintained as confidential and not subject to public inspection pursuant to such statutes or regulations, except for such use as may be necessary in the conduct of any proceeding pursuant to §§ 38-6-109, 39-17-1316, and 39-17-1352 — 39-17-1354.

Backlinks (4)

History (5)

Acts 1993, ch. 241, § 8
2009, ch. 578, § 3
2013, ch. 300, § 5
2019, ch. 262, §§ 3, 4
2024, ch. 784, § 6.

§ 16-15-304. Dockets.

Separate dockets shall be kept in the court for civil and criminal cases. Upon the civil docket shall be entered the style of each case, the names of the attorneys for the parties, the date of issuance of the warrant and process, the name of the officer to whom delivered, the return of the process, in brief form the action of the court both interlocutory and final, orders, judgments, executions, garnishments, list of fees of the court, of the sheriff, the sheriff's deputies, constables, game wardens, state highway patrol officers and other officers for their services, fees of witnesses for attendance and credits for payments upon judgments and upon costs. All cases shall be indexed.

History (4)

Acts 1959, ch. 109, § 8
T.C.A., § 16-1123
Acts 1993, ch. 241, § 21
T.C.A., § 16-15-704.

Part 4 Powers and Duties

§ 16-15-401. General powers.

(a) Each general sessions court judge is vested with power to:
1. (1) Grant writs of attachment, returnable to the circuit court, in the same manner and to the same extent as the circuit judge;
2. (2) Enter up judgment by confession of a defendant to any amount within the judge's jurisdiction in the particular case;
3. (3) Issue an execution in the judge's county upon a certified execution from another county;
4. (4) Issue a subpoena for witnesses, in any matter to be tried before the judge, to the judge's own or an adjoining county;
5. (5) Issue scire facias to revive judgments against the personal representatives and heirs of deceased parties, to any county in the state;
6. (6) Issue alias and pluries executions whenever necessary;
7. (7) Issue counterpart writs to any county in the state for the principal maker of any bill, bond, or note, at the instance of the surety or endorser who is sued thereon; and
8. (8) Punish persons disturbing them in the discharge of their official duties.
(b) Judges of general sessions courts have the same authority as circuit court judges or chancellors to grant fiats for writs of injunction, attachments and other extraordinary process. They also have the same jurisdiction relative to the suspension and revocation of sentences imposed by them as that conferred upon all trial judges by title 40, chapter 29.
(c) The judges of courts of general sessions of counties of the third class, as defined in [former] § 16-15-204 [repealed], having a population of not less than forty-seven thousand eight hundred fifty (47,850) nor more than forty-seven thousand eight hundred seventy-five (47,875), according to the 1970 federal census or any subsequent federal census, in addition to the jurisdiction and powers conferred elsewhere in this chapter, have the authority to sit by interchange for the county judge in nonsupport, probate, juvenile and lunacy proceedings.

Backlinks (1)

40-1-109

History (24)

Code 1858, § 4125 (deriv. Acts 1794, ch. 1, § 19
1801, ch. 7, § 4
1805, ch. 66, §§ 4, 6
1837-1838, ch. 102, § 1
1843-1844, ch. 112, § 1
1847-1848, ch. 55, § 15
1849-1850, ch. 103, § 1
1851-1852, ch. 181, § 3)
Shan., § 5937
Code 1932, § 10138
Acts 1959, ch. 109, § 2
1961, ch. 138, § 1
1965, ch. 114, § 1
1967, ch. 276, § 1
1968, ch. 635, § 2
1969, ch. 44, § 2
1973, ch. 88, § 2
1973, ch. 355, § 2
1974, ch. 432, § 2
impl. am. 1979, ch. 68, §§ 2, 3
modified
T.C.A., § 19-202
T.C.A. (orig. ed.), § 16-1104
Acts 1993, ch. 241, § 9.

§ 16-15-402. General duties.

It is the duty of a general sessions court judge:
1. (1) To return all marriage licenses under which the judge has solemnized the rites of matrimony to the office of the county clerk within thirty (30) days;
2. (2) To deliver over, in case of resignation, removal, or expiration of the judge's term of office, all the judge's official books and papers, according to law; and
3. (3) Not to sign a warrant or summons or any other leading process, attachment or document until written out in full.

History (11)

Code 1858, § 4126 (deriv. Acts 1805, ch. 66, § 1
1809 (Sept.), ch. 63, § 2
1829, ch. 125, § 1
1835-1836, ch. 17, §§ 7, 13-15)
Acts 1889, ch. 251, §§ 1, 2
Shan., § 5938
mod. Code 1932, § 10139
impl. am. Acts 1978, ch. 934, §§ 22, 36
impl. am. Acts 1979, ch. 68, §§ 2, 3
T.C.A. (orig. ed.), § 19-203
Acts 1993, ch. 241, §§ 10, 11.

§ 16-15-403. Conservator of peace — Oaths.

Every general sessions court judge is a conservator of the peace in the county in which the judge serves, and has authority to administer oaths when required by law, unless the power is expressly entrusted to some other officer, and to exercise such other powers as are conferred upon the general sessions court judge by law.

History (5)

Code 1858, § 343
Shan., § 432
Code 1932, § 679
impl. am. Acts 1979, ch. 68, §§ 2, 3
T.C.A. (orig. ed.), § 19-201.

§ 16-15-404. Hearing causes at any time.

Each general sessions court judge is authorized to try any cause that may be brought before the judge at any time and at any place within the county, unless expressly prohibited by some positive provision of this code.

History (4)

Code 1858, § 4128 (deriv. Acts 1835-1836, ch. 17, § 3)
Shan., § 5940
Code 1932, § 10141
T.C.A. (orig. ed.), § 19-205.

§ 16-15-405. Relief from firearm disabilities imposed on persons adjudicated as mental defective or judicially committed to mental institution.

(a) A person who is subject to 18 U.S.C. § 922(d)(4) and (g)(4), § 39-17-1307(i), or § 39-17-1316(q)(4) because the person has been adjudicated as a mental defective or judicially committed to a mental institution, as defined in § 16-15-303, may petition the general sessions court that entered the judicial commitment or adjudication order for relief from the firearm disabilities imposed by the adjudication or judicial commitment; provided, that the person may not petition the court until three (3) years from the date of release from commitment or the date of the adjudication order, whichever is later.
(b) A copy of the petition for relief shall also be served on the district attorney general of the judicial district in which the original judicial commitment or adjudication occurred. The district attorney general may appear, support, object to, or present evidence relevant to the relief sought by the petitioner.
(c) The court shall receive and consider evidence in an open proceeding, including evidence offered by the petitioner, concerning:
1. (1) The circumstances that led to the imposition of the firearms disability under 18 U.S.C. § 922(d)(4) and (g)(4), § 39-17-1307(i), or § 39-17-1316(q)(4);
2. (2) The petitioner's mental health records;
3. (3) The petitioner's criminal history;
4. (4) The petitioner's reputation; and
5. (5) Changes in the petitioner's condition or circumstances relevant to the relief sought.
(d) The court shall grant the petition for relief if it finds by a preponderance of the evidence and enters into the record the following:
1. (1) The petitioner is no longer likely to act in a manner that is dangerous to public safety; and
2. (2) Granting the relief would not be contrary to the public interest.
(e) A record of the proceedings, to be provided by the petitioner, shall be made by a certified court reporter or by court-approved electronic means.
(f) The petitioner may appeal a final order denying the requested relief, and the review on appeal, if granted, shall be de novo.
(g) A person may file a petition for relief under this section no more than once every two (2) years.
(h) Relief from a firearm disability granted under this section has no effect on the loss of civil rights, including firearm rights, for any reason other than the particular adjudication as a mental defective or judicial commitment to a mental institution from which relief is granted.
(i) When the court issues an order granting a petition of relief under subsection (d), the court clerk shall, as soon as practicable but no later than thirty (30) days after issuance, forward a copy of the order to the Tennessee bureau of investigation (TBI). The TBI, upon receipt of the order, shall:
1. (1) Immediately forward a copy of the order to the department of safety;
2. (2) Update the National Instant Criminal Background Check System database and transmit the corrected records to the federal bureau of investigation; and
3. (3) Remove and destroy all records relating to the petition for relief from any database over which the TBI exercises control.
(j) The TBI and the department of safety shall not use or permit the use of the records or information obtained or retained pursuant to this section for any purpose not specified in this section.

History (2)

Acts 2015, ch. 459, § 3
2024, ch. 784, § 7.

§ 16-15-406. Rules of court.

Judges of the courts of general sessions shall adopt such rules as may be necessary to expedite the trial and disposal of cases.

History (2)

Acts 1959, ch. 109, § 7
T.C.A., § 16-1120.

Part 5 Jurisdiction

§ 16-15-501. General jurisdiction.

(a) The court of general sessions is vested with all of the jurisdiction and shall exercise the authority formerly conferred by law upon justices of the peace in civil and criminal cases, suits and actions. The jurisdiction, power and authority of the court shall be coextensive with the county.
(b)
1. (1) Notwithstanding any law to the contrary, judges of courts of general sessions have jurisdiction to try and dispose of violations of municipal ordinances where the sheriff of the county is acting under the authority of §§ 8-8-201 and 12-9-104; provided, that a certified copy of the ordinances of the municipality have been filed with the court. Judges of courts of general sessions shall direct the clerk of the court that all fines collected shall be paid over to the municipality and all court costs collected shall be paid and accounted for according to [former] § 16-15-703(d) [repealed], to help administer the cost of enforcement; provided, that reasonable costs have been set by ordinance of the municipality.
2. (2) The judges of courts of general sessions of counties having a population of not less than fourteen thousand six hundred fifty (14,650) nor more than fourteen thousand six hundred seventy (14,670), according to the 1960 federal census or any subsequent federal census, have, in addition to the jurisdiction and powers conferred above, concurrent jurisdiction with the circuit court judge and chancellor in that county or counties in workers' compensation cases, divorce cases and those powers specifically conferred upon both those courts of record under § 29-31-101.
3. (3) The judges of courts of general sessions of counties having a population of not less than nine thousand two hundred thirty (9,230) nor more than nine thousand two hundred fifty (9,250), according to the 1960 federal census or any subsequent federal census, have, in addition to the jurisdiction and powers conferred above, concurrent jurisdiction with the circuit judge and chancellor in that county or counties in divorce cases.
4. (4) Judges of courts of general sessions in any county having a population of not less than seventy-seven thousand seven hundred (77,700) nor more than seventy-seven thousand eight hundred (77,800), according to the 1980 federal census or any subsequent federal census, in addition to the jurisdiction and powers conferred above, have concurrent jurisdiction with the circuit judge and chancellor in that county in domestic relations cases.
  Backlinks (1)
  
  16-15-5004(a)
(c)
1. (1) All courts of general sessions in this state created by private act have the powers and jurisdiction conferred by this chapter and §§ 18-4-201 — 18-4-203, 20-12-143, 27-5-108, 40-1-109, 40-4-117 and [former] 40-4-118 [repealed], and in addition, have such further powers and jurisdiction as may be conferred by the private act creating that court. It is not the intention of this chapter to divest any court of general sessions of any jurisdiction conferred by any private act.
2. (2) This chapter shall not diminish the powers, jurisdiction or provisions governing the operation of any court of general sessions created by private act. It is the intent of the general assembly that each court of general sessions of this state has all the powers and jurisdiction granted by the public acts and applicable private acts.
(d)
1. (1) The jurisdiction of courts of general sessions, where they have been created, shall extend to the sum of twenty-five thousand dollars ($25,000) in all civil cases, both law and equity; provided, that this section shall not apply to cases of forcible entry and detainer, in which the court shall have unlimited original jurisdiction; and provided further, that this section shall not apply to actions to recover personal property, in which the court shall have unlimited original jurisdiction, including jurisdiction to award an alternative money judgment; and general sessions judges shall have jurisdiction to issue restraining orders and to enforce the penalty provisions for violation of those restraining orders.
  Backlinks (1)
  
  13-6-106(k)(2)
2. (2) For the purpose of calculating whether a judgment entered by a court of general sessions is within or exceeds the monetary jurisdictional limits established for the courts by subdivision (d)(1), the following amounts shall not be included:
  1. (A) Any amount awarded for attorney fees;
  2. (B) Any court costs assessed by the court; and
  3. (C) Any discretionary costs assessed by the court.
Backlinks (1)
- 29-20-307

Backlinks (2)

History (44)

Code 1858, § 4123 (deriv. Acts 1827, ch. 51, § 1
1841-1842, ch. 186, § 1
1849-1850, ch. 269, § 1
1853-1854, ch. 58, §§ 1, 2
1857-1858, ch. 56, § 3
1857-1858, ch. 62, § 1)
Acts 1865-1866, ch. 51, § 1
1875, ch. 11, §§ 1-3
Shan., § 5935
mod. Code 1932, § 10136
Acts 1853, ch. 39, § 1
1959, ch. 109, §§ 2, 22
1961, ch. 138, § 1
1965, ch. 114, § 1
1967, ch. 276, § 1
1968, ch. 635, § 2
1969, ch. 44, § 2
1969, ch. 133, § 1
1970, ch. 341, § 1
1973, ch. 88, § 2
1973, ch. 355, § 2
1973, ch. 365, § 10
1974, ch. 432, § 2
1974, ch. 659, § 1
1977, ch. 295, §§ 1, 2
1978, ch. 560, § 1
1979, ch. 68, § 2
impl. am. Acts 1979, ch. 68, § 3
T.C.A. (orig. ed.), §§ 16-1104, 16-1124, 19-301
Acts 1981, ch. 289, § 4
1982, ch. 655, §§ 1-3
1982, ch. 930, § 3
1982, ch. 945, § 2
1983, ch. 231, § 1
1983, ch. 283, §§ 1, 2
1985, ch. 368, § 1
1986, ch. 698, § 3
1988, ch. 698, § 10
1993, ch. 241, §§ 13-15
1997, ch. 472, §§ 1-3
1999, ch. 259, § 1
2000, ch. 743, § 1
2000, ch. 764, § 1
2006, ch. 722, § 1.

§ 16-15-502. Actions to recover personal property.

Actions to recover personal property may be conducted in general sessions courts, as prescribed in [former] § 29-30-211 [repealed], and §§ 29-30-212 — 29-30-217.

History (6)

Code 1858, § 4172
Shan., § 5984
Code 1932, § 10185
impl. am. Acts 1979, ch. 68, §§ 2, 3
T.C.A. (orig. ed.), § 19-302
Acts 1989, ch. 20, § 3.

§ 16-15-503. Geographical jurisdiction.

The jurisdiction of general sessions courts, when not otherwise provided, is geographically coextensive with the limits of their respective counties.

History (5)

Code 1858, § 4113 (deriv. Const. 1834, art. 6, § 15)
Shan., § 5925
Code 1932, § 10126
impl. am. Acts 1979, ch. 68, §§ 2, 3
T.C.A. (orig. ed.), § 19-303.

§ 16-15-504. [Reserved.]

§ 16-15-505. Objections to jurisdiction.

Objections to the jurisdiction of the general sessions court before which the warrant is returned shall be made before the hearing, or they will be considered as waived.

History (4)

Code 1858, § 4120
Shan., § 5932
Code 1932, § 10133
T.C.A. (orig. ed.), § 19-311.

Part 7 Miscellaneous Provisions

§ 16-15-701. Electronic filing.

Any court governed by this chapter may, by local rule, allow papers to be filed, signed, or verified by electronic means that comply with technological standards promulgated by the supreme court. Pleadings and other papers filed electronically under such local rules shall be considered the same as written papers.

History (1)

Acts 2018, ch. 809, § 1.

§ 16-15-702 — 16-15-705. [Reserved.]

§ 16-15-706. Infants or incompetents — Representation.

Whenever an infant or incompetent person has a representative, such as a general guardian, conservator or other like fiduciary, the representative may sue or defend on behalf of the infant or incompetent person. If an infant or incompetent person does not have a duly appointed representative, or if justice requires, the infant or incompetent person may sue by a next friend. The court shall appoint a guardian ad litem to defend an action for an infant or incompetent person who does not have a duly appointed representative, or whenever justice requires. The court may, in its discretion, allow the guardian ad litem a reasonable fee for the guardian's services, to be taxed as costs.

History (2)

Acts 1972, ch. 564, § 1
T.C.A., § 16-1128.

§ 16-15-707. Plaintiffs — Nonsuits — Dismissals.

The plaintiff shall have the right to take a voluntary nonsuit or to dismiss an action without prejudice at any time before the cause is finally submitted to the court, but not afterwards; provided, that such a dismissal operates as an adjudication upon the merits when filed by a plaintiff who has twice dismissed in any court an action based on or including the same claim.

History (2)

Acts 1972, ch. 564, § 1
T.C.A., § 16-1132.

§ 16-15-708. Subpoena of witnesses.

(a) The attendance of witnesses to give testimony in court or by deposition is procured by subpoena or summons, requiring the witness to be present at a prescribed place and time, to give testimony in a case or matter stated in the subpoena or summons, mentioning the names of the parties litigant and the party at whose instance the witness is to be summoned, and, if necessary, requiring the witness also to bring any books, papers, documents or tangible things stated in the subpoena or summons. The subpoena is issued by a judge or clerk of the court at any time, and to any county within the state, on request of the party wishing the process, and may be served by any person authorized to serve process, by delivering or offering to deliver a copy of the subpoena to the person to whom it is directed. If any person without cause refuses to appear, to testify or to produce evidence when duly subpoenaed to do so, that person shall be committed to jail by the court before whom that person is bound to testify, to remain in jail without bail until willing to testify or give evidence as the law directs.
(b) This section shall govern when a judge or clerk is required to issue a subpoena and the consequences of a person's refusal to appear, testify or produce evidence when subpoenaed pursuant to this section. If any local rule of court conflicts with this section, this section shall prevail and the clerk or other official shall issue subpoenas and the judge shall punish the failure to respond to subpoenas in accordance with this section.

History (4)

Acts 1972, ch. 564, § 1
impl. am. Acts 1979, ch. 68, §§ 2, 3
T.C.A., § 16-1133
Acts 1997, ch. 377, § 1.

§ 16-15-709. [Reserved.]

§ 16-15-710. Commencement of actions — New process when not served.

The suing out of a warrant is the commencement of a civil action within the meaning of this title, whether it is served or not; but if the process is returned unserved, plaintiff, if plaintiff wishes to rely on the original commencement as a bar to the running of a statute of limitations, must either prosecute and continue the action by applying for and obtaining new process from time to time, each new process to be obtained within nine (9) months from return unserved of the previous process, or plaintiff must recommence the action within one (1) year after the return of the initial process not served.

History (3)

Acts 1972, ch. 564, § 1
T.C.A., § 16-1135
Acts 1992, ch. 804, § 1.

§ 16-15-711. Survival of actions — Substitution of parties.

(a) If a party dies and the claim is not extinguished by the death, the court may order substitution of the proper parties. The motion for substitution may be made by any party or by the successors or representatives of the deceased party and, together with notice of hearing, shall be served on the parties by delivering or mailing a copy of the motion and notice to the parties and shall be served upon persons not parties in the manner provided for service of process. Unless the motion for substitution is made not later than ninety (90) days after the death is suggested in the case by service of a statement of the fact of the death as provided in this subsection (a) for the service of the motion, the action shall be dismissed as to the deceased party.
(b) In the event of the death of one (1) or more of the plaintiffs or one (1) or more of the defendants in an action in which the right sought to be enforced survives only to the surviving plaintiffs or only against the surviving defendants, the action does not abate. The death shall be suggested in the case and the action shall proceed in favor or against the surviving parties.

Backlinks (1)

18-4-203(b)(3)

History (2)

Acts 1972, ch. 564, § 1
T.C.A., § 16-1136.

§ 16-15-712. Enforcement of judgments — Examination of judgment debtor and others.

In all courts exercising general sessions jurisdiction, the procedure on execution, in proceedings supplementary to and in aid of a judgment, and in proceedings on and in aid of execution shall be in accordance with the statutes of this state and with the general practice followed in the courts of this state. In aid of the judgment or execution, however, the judgment creditor, or the judgment creditor's successor in interest when that interest appears of record, may examine any person, including the judgment debtor, by subpoenaing the person to court, or by conducting discovery in any manner provided by the Tennessee rules of civil procedure.

History (3)

Acts 1978, ch. 589, § 1
T.C.A., § 16-1137
Acts 1999, ch. 277, § 1.

§ 16-15-713. Attachments and contempts.

(a) Notwithstanding any provision of the law or private act to the contrary, courts of general sessions have the power to issue attachments and inflict punishments for contempts of court. The punishments for contempts shall be limited to:
1. (1) A fine not exceeding fifty dollars ($50.00) and imprisonment not exceeding ten (10) days if the judge of the general sessions court is licensed to practice law; and
2. (2) A fine not exceeding fifty dollars ($50.00) if the judge of the general sessions court is not licensed to practice law.
(b) Courts of general sessions have the power to punish for contempt persons who fail to appear for traffic violations.

History (9)

Acts 1985, ch. 324, § 2
1986, ch. 484, § 1
1987, ch. 12, § 1
1987, ch. 34, § 1
1988, ch. 656, § 1
1990, ch. 647, §§ 1, 2
1991, ch. 410, § 1
1992, ch. 804, § 2
1998, ch. 682, § 9.

§ 16-15-714. Pleadings and practice — General sessions courts.

Practice and pleadings in the general sessions courts shall be as provided in this chapter and other provisions of law and private acts establishing the courts and local rules of practice not inconsistent with law.

History (1)

Acts 1993, ch. 241, § 25.

§ 16-15-715. Court bailiffs.

The sheriff shall, unless otherwise provided, provide sufficient bailiffs to serve the general sessions courts.

Backlinks (2)

History (1)

Acts 1993, ch. 241, § 25.

§ 16-15-716. Warrants.

A civil action in the general sessions courts is commenced by a civil warrant being filed with the clerk in substance as follows:
1. State of Tennessee
2. County
3. To any lawful process server to execute and return: summon
4. defendant
5. address city or
6. , at on to answer plaintiff(s) in
7. county, time date
8. a civil action for
9. (include as many lines as necessary)
10. under dollars. This
11. date
13. clerk/deputy

History (2)

Acts 1993, ch. 241, § 25
2017, ch. 267, § 1.

§ 16-15-717. [Reserved.]

§ 16-15-718. Fees to clerk.

Before the issuance of any original process in a civil action, the plaintiff shall deposit with the clerk a sum that the clerk has previously established as adequate to pay the usual costs, including litigation taxes as calculated in accordance with § 8-21-401, and any local litigation tax as authorized by a private act. The clerk may allow a cost bond with adequate security in the amount of five hundred dollars ($500); provided, that any eligible plaintiff may proceed on a pauper's oath instead of the cash deposit or cost bond.

History (1)

Acts 1993, ch. 241, § 25.

§ 16-15-719. Appeal bond.

An appeal bond returned with other papers to the circuit court is a conclusive presumption that an appeal was taken.

History (1)

Acts 1993, ch. 241, § 25.

§ 16-15-720. Continuances.

A continuance may be granted in the judge's discretion.

History (1)

Acts 1993, ch. 241, § 25.

§ 16-15-721. Rules of evidence — Application.

Unless specifically provided otherwise, the Tennessee rules of evidence shall be fully applicable in general sessions courts.

History (1)

Acts 1993, ch. 241, § 25.

§ 16-15-722. Attachment.

(a) General sessions courts have jurisdiction as in subsection (b) to proceed by attachment against the property of the defendant, in the same way as the courts of record, under the rules, regulations and provisions in this code prescribed in regard to proceedings by attachment, as far as they are applicable and not controlled by other express provisions.
(b) The jurisdiction of general sessions courts in attachment cases is limited to the amount of their jurisdiction over the subject matter of suit or cause of action.

History (7)

Code 1858, §§ 4173, 4174
Shan., §§ 5985, 5986
Code 1932, §§ 10186, 10187
impl. am. Acts 1979, ch. 68, §§ 2, 3
T.C.A. (orig. ed.), §§ 19-405, 19-406
Acts 1993, ch. 241, § 33
T.C.A., § 19-1-105.

§ 16-15-723. Proceedings after attachment.

The proceedings after the issuance and service of attachment and on the trial and enforcement of the plaintiff's claim, are the same as if the suit had been commenced in the ordinary way, the rights acquired by the attachment being governed by the provisions of this code regulating attachments.

History (6)

Code 1858, § 4175
Shan., § 5987
Code 1932, § 10188
T.C.A. (orig. ed.), § 19-407
Acts 1993, ch. 241, § 34
T.C.A., § 19-1-106.

§ 16-15-724. Cross actions.

Cross actions shall be instituted by cross summons to be filed any day before the day of trial, unless a nonresident defendant enters an appearance and waives publication. In such case, the cross summons shall be filed within two (2) whole days after entry of appearance. In all such actions instituted before courts of general sessions, the case shall not be set for trial until the fourth day after the date of service of original summons, or return date of any publication for a nonresident, or date of entry of appearance of a nonresident.

History (7)

Acts 1939, ch. 180, § 1
C. Supp. 1950, § 8749.1
impl. am. Acts 1979, ch. 68, §§ 2, 3
modified
T.C.A. (orig. ed.), § 19-416
Acts 1993, ch. 241, 40
T.C.A., § 19-1-112.

§ 16-15-725. Judgment for defendant on setoff.

(a) If the defendant pleads a setoff to the plaintiff's debt, and it appears that there is a balance due in favor of the defendant, the general sessions court shall enter up judgment in favor of the defendant and against the plaintiff for the balance. If the plaintiff fails in establishing any demand against the defendant, the defendant shall have a judgment against the plaintiff for the amount that the proof upon the defendant's cross action shows that the defendant is entitled to, with costs.
(b) If the residue upon the defendant's setoff, after satisfying the plaintiff's debt, exceeds the court's jurisdiction, the defendant may enter on the court's docket a satisfaction of so much of the defendant's claim as the amount of the plaintiff's demand, as ascertained by the court, and tender the plaintiff a receipt for the amount thus setoff, in which case judgment shall be rendered in favor of the defendant for costs.

History (8)

Code 1858, §§ 4160, 4162 (deriv. Acts 1815, ch. 53, § 1)
Acts 1879, ch. 222, § 1
Shan., §§ 5973, 5975
Code 1932, §§ 10174, 10176
impl. am. Acts 1979, ch. 68, §§ 2, 3
T.C.A. (orig. ed.), §§ 19-417, 19-419
Acts 1993, ch. 241, § 41
T.C.A., § 19-1-113.

§ 16-15-726. Remittitur.

If the sum found for either plaintiff or defendant exceeds the jurisdiction of the general sessions court, that party may remit the excess, and take judgment for the residue, but the party cannot afterwards sue for the amount so remitted.

History (7)

Code 1858, § 4161
Shan., § 5974
Code 1932, § 10175
impl. am. Acts 1979, ch. 68, §§ 2, 3
T.C.A. (orig. ed.), § 19-418
Acts 1993, ch. 241, § 42
T.C.A., § 19-1-114.

§ 16-15-727. Correction of judgment — Mistakes, inadvertence, excusable neglect and fraud.

(a) Tenn. R. Civ. P. 60.01, regarding clerical mistakes, shall apply to all courts of general sessions. The general sessions judge shall have the authority under the same circumstances and in the same manner as is provided in Tenn. R. Civ. P. 60.01 to correct such mistakes.
(b) Tenn. R. Civ. P. 60.02, regarding mistakes, inadvertence, excusable neglect, fraud and other similar reasons set out in that rule, shall apply to all courts of general sessions. A motion under the general sessions court's authority under Tenn. R. Civ. P. 60.02 shall be filed within ten (10) days of the date of judgment. Once filed, the motion shall toll the ten-day period for seeking de novo review in the circuit court until the determination of the motion is concluded. Thereafter, an appeal for de novo review in the circuit court shall be filed within ten (10) days of the general sessions court's ruling on the motion to relieve a party or the parties' legal representative from a final judgment, order or proceeding in the same manner as provided in Tenn. R. Civ. P. 60.02.

History (9)

Acts 1859-1860, ch. 109
Shan., § 4600
mod. Code 1932, § 8724
impl. am. Acts 1979, ch. 68, §§ 2, 3
T.C.A. (orig. ed.), § 19-423
Acts 1993, ch. 241, § 44
T.C.A., § 19-1-116
Acts 2004, ch. 875, § 1
2007, ch. 443, § 1.

§ 16-15-728. Proceedings presumed valid.

Every intendment is in favor of the sufficiency and validity of proceedings before general sessions courts, when brought in question, either directly or collaterally, in any of the courts, where it appears on the face of the proceedings that the general sessions court had jurisdiction of the subject matter and of the parties.

History (7)

Code 1858, § 4176 (deriv. Acts 1851-1852, ch. 100, § 1)
Shan., § 5988
Code 1932, § 10189
impl. am. Acts 1979, ch. 68, §§ 2, 3
T.C.A. (orig. ed.), § 19-424
Acts 1993, ch. 241, § 45
T.C.A., § 19-1-117.

§ 16-15-729. Trial de novo on appeal — Decision on merits.

No civil case, originating in a general sessions court and carried to a higher court, shall be dismissed by such court for any informality whatever, but shall be tried on its merits; and the court shall allow all amendments in the form of action, the parties thereto, or the statement of the cause of action, necessary to reach the merits, upon such terms as may be deemed just and proper. The trial shall be de novo, including damages.

History (8)

Code 1858, § 4177 (deriv. Acts 1851-1852, ch. 100, § 2)
Shan., § 5989
mod. Code 1932, § 10190
impl. am. Acts 1979, ch. 68, §§ 2, 3
T.C.A. (orig. ed.), § 19-425
Acts 1993, ch. 241, § 46
T.C.A., § 19-1-118
Acts 1995, ch. 418, § 1.

§ 16-15-730. Presumption of regularity of execution.

If the judgment is rendered by one general sessions judge, and execution is issued by another, and in all other cases where steps appear to be taken by one judge instead of another, the presumption, in the absence of proof to the contrary, is that the execution was issued and steps taken regularly.

History (7)

Code 1858, § 4138
Shan., § 5950
Code 1932, § 10151
impl. am. Acts 1979, ch. 68, §§ 2, 3
T.C.A. (orig. ed.), § 19-435
Acts 1993, ch. 241, § 48
T.C.A., § 19-1-120.

§ 16-15-731. Actions in the nature of interpleader.

(a) Notwithstanding any rule of court or any law to the contrary, actions in the nature of interpleader, in which the value of the money that is the subject of the action does not exceed the jurisdictional limit of the general sessions court, may be filed in general sessions court under this part. Any such action involving money in the custody or possession of a person acting in the capacity of a real estate broker may be filed on forms prescribed by the Tennessee real estate commission pursuant to its authority under § 62-13-203.
(b) The failure of a competing claimant to recover in an interpleader action shall not be considered as a judgment against the competing claimant, and shall not be used to impair the credit of the claimant.

History (5)

Acts 1987, ch. 331, § 1
1988, ch. 523, § 1
1991, ch. 338, §§ 1, 2
1993, ch. 241, § 49
T.C.A., § 19-1-121.

§ 16-15-732. Removal of actions — Exceptions.

(a) At any time at least three (3) or more business days prior to the scheduled trial date of a civil action commenced in general sessions court, any defendant in the action may apply to have the action and all the papers of the action removed to a court having jurisdiction of appeals from courts of general sessions. A case properly removed pursuant to this section shall be tried by the appellate court in the same manner as appeals from general sessions court civil actions are currently tried, except there shall be no default or other judgment entered at the general sessions level, and except that a case removed pursuant to this section shall not be subject to any monetary jurisdictional limit that would have applied in the general sessions court if the case had not been removed.
(b) Any defendant seeking to remove an action pursuant to subsection (a) shall file with the application an affidavit stating that the defendant has a substantial defense to the action and/or that the defendant's defense will be of such a complex or expensive nature that the interests of justice require that the defendant not be required to present the defense at the general sessions level. The affidavit shall state the grounds of the defense and why the affiant believes it to be sufficiently substantial, complex or expensive to merit the removal of the case. The affidavit and application shall also be accompanied by a cost bond sufficient to defray all costs that have accrued prior to the time application for removal is made.
(c)
1. (1) If the general sessions judge finds that a defendant's defense is substantial, complex or expensive to present, and that the defendant has posted a sufficient cost bond, the judge shall order the action removed to the court that would have jurisdiction of an appeal if the action had been tried in general sessions court. The judge shall direct the clerk to promptly transmit the papers in the action to the clerk of the court to which the action is removed.
2. (2) If the judge finds the defense will not be substantial, complex or expensive or that the cost bond is not sufficient, the judge shall deny the application and proceed to try the action.
(d) If an action is removed pursuant to this section, in no event shall an objection to venue be considered by the circuit court, unless raised by a defendant in the defendant's affidavit in support of removal filed in the general sessions court.
(e) This section does not apply in any county having a population of not less than seven hundred seventy thousand (770,000) nor more than seven hundred eighty thousand (780,000), according to the federal census of 1980 or any subsequent federal census.

History (4)

Acts 1988, ch. 732, §§ 1, 2
1993, ch. 241, § 50
T.C.A., § 19-1-122
Acts 1994, ch. 690, § 1.

§ 16-15-733. Motions against officers.

(a) Sheriffs, coroners, constables, and their sureties are liable to judgment by motion for the amount to which the plaintiff is entitled, with interest, and damages at the rate of twelve and one-half percent (12.5%) in the following cases:
1. (1) In the general sessions court of the county where such officer, by virtue of the officer's position, collects or receives money upon any debt or demand, under a magistrate's jurisdiction, put into the officer's hands for collection, and fails to pay it over to the person entitled, whether the officer collected or received the money before or after the issuance of a warrant, or before or after the rendition of judgment;
2. (2) In the general sessions court having legal custody of the papers, where an execution from a general sessions court having come to the officer's hands, the officer fails to return it within thirty (30) days after its issuance, or where, having collected money on execution issued by a general sessions court, the officer fails or refuses to pay it; and
3. (3) In the general sessions court of the county on motion by any general sessions judge or witness, for failing to pay over costs on execution, collected and due the officer, or failing to return execution issued for the cost; and any number of cases in favor of one (1) general sessions judge or witness may be joined in one (1) motion.
(b) The inability of the officer to make due return of an execution under subsection (a) on account of sickness, high water or engagement in executing any precept on behalf of the state shall be sufficient excuse to discharge the officer from the penalties prescribed.
(c) The officer, if to be found in the county, shall have five (5) days' notice, in writing, of the time and place of motion.
(d) Before the plaintiff is entitled to judgment against the sureties, the plaintiff shall produce to the court a certified copy of the official bond of the officer.

History (10)

Code 1858, §§ 4167-4170 (deriv. Acts 1835-1836, ch. 17, §§ 4, 5
Acts 1835-1836, ch. 19, § 6
Acts 1841-1842, ch. 37)
Shan., §§ 5979-5982
Code 1932, §§ 10180-10183
modified
impl. am. Acts 1979, ch. 68, §§ 2, 3
T.C.A. (orig. ed.), §§ 19-501 — 19-504
Acts 1993, ch. 241, § 51
T.C.A., § 19-2-101.

§ 16-15-734. Motion by surety or stayor.

When any surety or stayor is compelled to pay a general sessions court's judgment against a principal debtor for which the surety or stayor is liable, the surety or stayor may, by motion, before the general sessions court having legal custody of the judgment, recover judgment against the principal debtor for the judgment with interest and costs, or against a cosurety or stayor, for the ratable part thereof, which judgment is not liable to be stayed, except by consent of the surety or stayor in writing.

History (7)

Code 1858, § 4171 (deriv. Acts 1849-1850, ch. 38, § 3)
Shan., § 5983
mod. Code 1932, § 10184
impl. am. Acts 1979, ch. 68, §§ 2, 3
T.C.A. (orig. ed.), § 19-505
Acts 1993, ch. 241, § 52
T.C.A., § 19-2-102.

§ 16-15-735. Notice to plaintiff of possible additional defendants.

(a) In cases or controversies arising in a court of general sessions, if a defendant feels that the defendant is either not at fault or that another person is also at fault, the defendant is to notify the opposing party or parties and the clerk of the court in writing forty-eight (48) hours prior to the scheduled date of the hearing of the names, if known, of the other person or persons at fault. If the defendant fails to so notify, the plaintiff shall be entitled to a continuance.
(b) After receiving notice that additional defendants may exist, the clerk of the court shall notify the plaintiff of this fact. The clerk shall automatically continue the hearing for thirty (30) days following notification to the plaintiff that additional defendants exist so the plaintiff can issue service and amend the warrant to include any new defendants.

History (1)

Acts 1997, ch. 522, § 1.

Part 8 General Provisions

§ 16-15-801. General sessions courts empowered to issue execution.

The general sessions court that renders a judgment may issue execution on the judgment.

History (8)

Code 1858, § 3070 (deriv. Acts 1835-1836, ch. 17, §§ 14, 16)
Shan., § 4797
Code 1932, § 8928
impl. am. Acts 1979, ch. 68, §§ 2, 3
modified
T.C.A. (orig. ed.), § 19-601
Acts 1993, ch. 241, § 53
T.C.A., § 19-3-101.

§ 16-15-802. Compromise after appeal.

Where an appeal has been prayed and obtained from a judgment of a general sessions court, if the plaintiff and defendant compromise the case before the papers have been returned to the court to which the appeal was taken, and file with the general sessions court a written notice of the fact, signed by both parties, the general sessions court shall issue execution on the judgment, as if no appeal had been taken.

History (7)

Code 1858, § 3072 (deriv. Acts 1829, ch. 33, § 5)
Shan., § 4799
Code 1932, § 8930
impl. am. Acts 1979, ch. 68, §§ 2, 3
T.C.A. (orig. ed.), § 19-603
Acts 1993, ch. 241, § 53
T.C.A., § 19-3-102.

§ 16-15-803. Issuance after destruction of records.

When the docket book and original papers belonging to the general sessions court are destroyed, and the judge makes oath to that effect, it shall be lawful for the judge, or the judge's successor in office, upon the plaintiff, the plaintiff's agent, attorney, or returning officer filing with the judge an affidavit setting forth the name of the plaintiff or plaintiffs, defendant or defendants, the date and amount of judgment as near as may be, and that the judgment has not been paid, to issue execution as though the original papers and docket book had not been destroyed; and it shall be as good and valid, and have the same force and effect, as other executions issued by general sessions courts.

History (7)

Acts 1859-1860, ch. 54, § 1
Shan., § 4800
Code 1932, § 8931
impl. am. Acts 1979, ch. 68, §§ 2, 3
T.C.A. (orig. ed.), § 19-604
Acts 1993, ch. 241, § 53
T.C.A., § 19-3-103.

§ 16-15-804. Execution on real property.

(a) Whenever any execution issued by a general sessions court is levied on real estate, and ten (10) days from date of the levy has expired, the title to real estate shall not be affected as to third parties until the execution or the papers in the cause are filed in the circuit court of the county in which the land lies.
(b) The officer making the levy shall, within ten (10) days thereafter, return the execution to the circuit court, where the cause will be at once docketed, and the officer will return the fact of the return of the execution to the circuit court to the general sessions court issuing the execution, whereupon the general sessions court shall file the remaining papers in the cause in the circuit court as required by subdivision (c)(1).
(c)
1. (1) When an execution issued by a general sessions court is levied on real estate, it shall be the duty of the general sessions court to whom the execution is returned to send the execution, together with the judgment and the papers in the cause, to the next circuit court of the general sessions court's county for condemnation.
2. (2) The circuit court, upon the return made pursuant to subdivision (c)(1), may condemn the land, and order the land, or so much of the land as it may see proper, to be sold by the sheriff of the county in satisfaction of the judgment and costs.
(d) If the circuit court condemns the land to be sold, the clerk shall enter on the minutes the warrant, attachment or other leading process, with the officer's return on the warrant, attachment or other leading process, the prosecution and other bonds where the condition has not been discharged, affidavits for attachment or other process, the judgment of the general sessions court, the execution levied with the officer's return and the judgment of the court.
(e) When several executions in favor of the same plaintiff are returned at the same term of the court, levied on the same tract of land, they shall all be included in one (1) judgment of condemnation, and only one (1) order of sale shall issue.
(f)
1. (1) The clerk of the circuit court may issue execution for the unsatisfied debt and costs, in all cases where a general sessions court's execution has been levied on land, and return made of the execution to the general sessions court, according to law, and the real estate executed fails, for any cause, to satisfy the judgment.
2. (2) Executions under subdivision (f)(1) may be issued to any county from which the plaintiff shall receive the same benefit, and the officer into whose hands it may come shall have the same authority to proceed as if the execution had issued from a general sessions court on a judgment rendered by it in the county to which the execution is directed.

Backlinks (1)

16-15-806

History (13)

Code 1858, §§ 3076, 3077, 3080-3083 (deriv. Acts 1786, ch. 14, § 10
Acts 1825, ch. 23, § 1
Acts 1825, ch. 66, § 1
Acts 1829, ch. 12, § 1
Acts 1835-1836, ch. 17, § 11
Acts 1839-1840, ch. 161, § 1)
Acts 1899, ch. 39, §§ 1, 2
Shan., §§ 4804, 4805, 4808-4811
mod. Code 1932, §§ 8935, 8936, 8939-8945
impl. am. Acts 1979, ch. 68, §§ 2, 3
T.C.A. (orig. ed.), §§ 19-605 — 19-612
Acts 1993, ch. 241, § 53
T.C.A. § 19-3-104.

§ 16-15-805. Execution on personal property.

(a) The officer levying an execution issued by a general sessions court on personalty shall advertise the sale of the personalty for ten (10) days at one (1) public place in the district in which the defendant resides, at the courthouse door of the county and at two (2) public places in the district where the sale is made, subject to § 26-5-101.
(b) Where there is not sufficient time between the levy and return day of an execution from a general sessions court's judgment to sell, or where, for any reason, the sale cannot be had before the return, the lien given by the levy shall continue, and the general sessions court, or other proper officer, shall issue an order of sale on the execution levied and returned.

Backlinks (1)

16-15-806

History (8)

Code 1858, §§ 3079, 3084 (deriv. Acts 1829, ch. 90, § 1
Acts 1835-1836, ch. 17, § 4)
Shan., §§ 4807, 4812
mod. Code 1932, §§ 8938, 8945
impl. am. Acts 1979, ch. 68, §§ 2, 3
T.C.A. (orig. ed.), §§ 19-613, 19-614
Acts 1993, ch. 241, § 53
T.C.A., § 19-3-105.

§ 16-15-806. Executions enforceable in all counties.

Except with regard to executions on real property that are governed by §§ 16-15-804 and 16-15-805, after the time for filing appeal has expired, the procedure for executions and proceedings supplementary to and in aid of judgments of courts of general sessions, including, but not limited to, garnishments, shall be enforceable in every county in this state in the same manner as a judgment of a court of record.

History (9)

Code 1858, §§ 3073-3075 (deriv. Acts 1805, ch. 66, §§ 4, 6
Acts 1851-1852, ch. 181, § 3)
Shan., §§ 4801-4803
Code 1932, §§ 8932-8934
Acts 1970, ch. 453, § 1
T.C.A. (orig. ed.), §§ 19-615 — 19-617
Acts 1989, ch. 404, § 4
1993, ch. 241, § 53
T.C.A., § 19-3-106.

§ 16-15-807. Priority of time.

When an execution issued from the judgment of a court of record, and an execution from a general sessions court's judgment, are levied on the same personal property, the execution first levied shall have preference.

History (7)

Code 1858, § 3078 (deriv. Acts 1845-1846, ch. 72)
Shan., § 4806
Code 1932, § 8937
impl. am. Acts 1979, ch. 68, §§ 2, 3
T.C.A. (orig. ed.), § 19-618
Acts 1993, ch. 241, § 53
T.C.A., § 19-3-107.

Part 9 Service of Process

§ 16-15-901. Issuance and service of civil warrants, writs and other papers.

(a) Upon filing of civil warrants, writs and other papers, the clerk of the general sessions court in which the civil warrants, writs or other papers are filed, shall issue the required process, writs or other papers, and cause it or them, with necessary copies of the civil warrant, writ or papers, to be delivered for service to the person authorized to serve process as may be designated by the party filing the civil warrant, writ or other papers or the party's attorney if represented by counsel. The authorized person shall serve the civil warrant, writ or other papers, and the return endorsed on the warrant, writ or other papers shall be proof of the time and manner of service. A civil warrant, writ or other papers may be issued for service in any county, against any defendant or additional defendants.
(b) A civil warrant, attachment or any other leading process used to initiate an action in general sessions court and subpoenas or summons may be served by any person designated by the party or the party's attorney, if represented by counsel, who is not a party to the action and is not less than eighteen (18) years of age. Service of other process and orders of the courts of this state shall be by sheriffs, constables or as provided by law. If service of process is made by a sheriff, constable, or other law enforcement officer, the process server must be identified by name and agency on the service return or in a supplemental affidavit. If service of process is made by a private process server, the process server must be identified by name and a mailing or physical address on the service return or in a supplemental affidavit. Failure of the process server to include this information does not render the service invalid if the service is otherwise valid, but the court may require a private process server to provide the private process server's mailing or physical address to the party on whom process was served.
(c) Nothing in this section shall affect existing laws with respect to venue.

Backlinks (1)

8-8-201(b)(1)

History (2)

Acts 2002, ch. 794, § 2
2019, ch. 196, § 1.

§ 16-15-902. Return.

(a) Any person serving the process from the general sessions court shall promptly and within the time during which the person is served must respond, make proof of service to the court and shall identify the person served and shall describe the manner of service.
(b) Process shall be served within sixty (60) days of issuance.
(c) When process is served by mail, the original warrant, writ or other papers shall be endorsed by manner of service. In addition, an affidavit of the person making service setting forth the personal compliance of this section and the return receipt shall be sent to and filed with the clerk of the court. The person making service in this manner shall endorse over the signature on the original warrant, writ or other papers the date of mailing a certified copy of the warrant, writ or other papers to the defendant and the date of receipt of return receipt from the defendant. If the return receipt is signed by the defendant or any person designated by this section or by statute, service on the defendant is complete. If not, service by mail may be attempted or any other methods authorized by this section or by statute may be used.

Backlinks (1)

36-3-609(b)(2)

History (2)

Acts 2002, ch. 794, § 2
2008, ch. 608, § 1.

§ 16-15-903. Service upon defendants in this state.

The plaintiff shall after issuance by the clerk of the general sessions court furnish the persons making the service with all necessary copies. Service shall be made as follows:
1. (1) Upon an individual other than an unmarried infant incompetent person, by delivering a copy of the warrant, writ or other papers to the individual personally, or if the individual evades or attempts to evade service, by leaving copies of the warrant, writ or other papers at the individual's dwelling house or usual place of abode with some person of suitable age and discretion then residing in the dwelling house or usual place of abode, whose name shall appear on the proof of service, or by delivering the copies to an agent authorized by appointment or by law to receive service on behalf of the individual served;
2. (2) Upon an unmarried infant or an incompetent person, by delivering a copy of the warrant, writ or other papers to the person's residence guardian or conservator if there is one known to the plaintiff, by delivering the copies to the individual's parent having custody within this state; or if no such parent is within this state, then by delivering the copies to the person within this state having control of the individual. If none of the persons defined and enumerated in this subdivision (2) exists, the court shall appoint a practicing attorney as guardian ad litem to whom the copies shall be delivered. If any of the persons directed by this subdivision (2) to be served is a plaintiff, then the person who is not a plaintiff who stands next in the order named in this subdivision (2) shall be served. In addition to the service provided in this subdivision (2), service shall also be made on an unmarried minor who is fourteen (14) years of age or more and who is not otherwise incompetent;
3. (3) Upon a partnership or unincorporated association, including a limited liability company, that is named defendant under a common name, by delivering a copy of the warrant, writ or other papers to a partner or managing agent of the partnership, 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;
4. (4) Upon a domestic corporation or a foreign corporation doing business in this state, by delivering a copy of the warrant, writ or other papers to an officer or managing agent of the corporation, to the chief agent in the county in which the action is brought, or by delivering the copies to any other agent authorized by appointment or by law to receive service on behalf of the corporation;
5. (5) Upon a nonresident individual who transacts business through an office or agency in this state, or a resident individual who transacts business through an office or agency in a county other than the county in which the resident individual resides, in any action growing out of or connected with the business of that office or agency, by delivering a copy of the warrant, writ or other papers to the person in charge of the office or agency;
6. (6) Upon the state of Tennessee or any agency of the state, by delivering a copy of the warrant, writ or other papers to the attorney general of the state or to any assistant attorney general and reporter;
7. (7) Upon a county, by delivering a copy of the warrant, writ or other papers to the county mayor, or if absent from the county, to the county attorney if there is one designated; if not, by delivering the copies to the county court clerk;
8. (8) Upon a municipality, by delivering a copy of the warrant, writ or other papers to the chief executive officer or to the city attorney;
9. (9) Upon any governmental or any quasi-government entity, by delivering a copy of the warrant, writ or other papers to any officer or managing agent of the entity; and
10. (10) Service by mail of a warrant, writ, or other papers upon a defendant may be made by the plaintiff, the plaintiff's attorney, or by any person authorized by statute. After the complaint, warrant, writ, or other papers are filed, the clerk shall, upon request, furnish the original warrant, writ, or other papers, a certified copy of the original warrant, writ, or other paper, and a copy of the filed warrant, writ, or other papers to the plaintiff, the plaintiff's attorney, or other authorized person for service by mail. Such person shall send, postage prepaid, a certified copy of the warrant, writ, or other papers by registered return receipt or certified return receipt mail to the defendant. The original warrant, writ, or other papers shall be used for return of service of process. Service by mail shall not be the basis for the entry of a judgment by default unless the record contains a return receipt showing personal acceptance by the defendant or by persons designated by this section. If the defendant is a domestic corporation, or a foreign corporation authorized to conduct business in this state, a refusal to accept delivery shall be the basis for a default judgment only where the request for default is accompanied by evidence from the Tennessee secretary of state showing that the moving party made the certified mail service with the correct entity name and the correct name and address for the registered agent authorized by law to receive service of process. If service by mail is unsuccessful, it may be attempted again or other methods authorized by this title or by statute may be used.

History (3)

Acts 2002, ch. 794, § 2
2003, ch. 90, § 2
2018, ch. 806, § 1.

§ 16-15-904. Service upon defendants outside of state.

(a)
1. (1) Whenever the law of this state authorizes service outside this state, service, when reasonably calculated to give notice, may be made:
  1. (A) By any form of service authorized within this state pursuant to this part;
  2. (B) In any manner prescribed by the law of the state in which service is effected for an action in any of the courts of general jurisdiction in that state; and
  3. (C) As directed by the court.
2. (2) This section is inapplicable when service is effected in a place not within any judicial district of the United States.
(b) Service of process pursuant to this section shall include a copy of the warrant, writ or other papers.
(c) Service by mail upon a corporation shall be addressed to an officer or managing agent of the corporation, to the chief agent in the county in which the action is brought or by delivering the copies to any other agent authorized by appointment or by law to receive service on behalf of the corporation.
(d) Service by mail upon a partnership or unincorporated association, included a limited liability company, that is named defendant upon a common name shall be addressed to a partner or managing agent of the partnership or to an officer or managing agent of the association, or to an agent authorized by appointment or by law to receive service on behalf of the partnership or association.
(e) When service of a warrant, writ, or other papers is provided for or permitted by registered or certified mail under the laws of this state, and the addressee, or the addressee's agent, refuses to accept delivery, and it is so stated in the return receipt of the United States postal service, the written return receipt, if returned and filed in the action, shall be deemed an actual and valid service of the warrant, writ, or other papers. Service by mail is complete upon mailing. Service by mail shall not be the basis for the entry of a judgment by default unless the record contains either:
1. (1) A return receipt showing personal acceptance by the defendant or by persons designated by statute; or
2. (2) A return receipt stating that the addressee or the addressee's agent refused to accept delivery, which is deemed to be personal acceptance by the defendant pursuant to this subsection (e).

History (2)

Acts 2002, ch. 794, § 2
2018, ch. 806, § 2.

§ 16-15-905. Constructive service.

In cases where constructive service of process is permissible under the statutes of this state, constructive service shall be made in the manner prescribed by those statutes, unless otherwise expressly provided in this part.

History (1)

Acts 2002, ch. 794, § 2.

Part 50 Compensation and Qualifications of Judges — Jurisdiction

§ 16-15-5001. Classification of counties for determining compensation of judge.

(a) For the purpose of determining the compensation of a general sessions judge, the counties of this state are divided into seven (7) classes as follows:
1. (1) Counties having a population of more than forty-nine thousand (49,000) constitute counties of the first class;
2. (2) Counties having a population of more than thirty-eight thousand (38,000) but not more than forty-nine thousand (49,000) constitute counties of the second class;
3. (3) Counties having a population of more than thirty thousand (30,000) but not more than thirty-eight thousand (38,000) constitute counties of the third class;
4. (4) Counties having a population of more than twenty-four thousand (24,000) but not more than thirty thousand (30,000) constitute counties of the fourth class;
5. (5) Counties having a population of more than nineteen thousand (19,000) but not more than twenty-four thousand (24,000) constitute counties of the fifth class;
6. (6) Counties having a population of more than ten thousand (10,000) but not more than nineteen thousand (19,000) constitute counties of the sixth class; and
7. (7) Counties having a population of ten thousand (10,000) or less constitute counties of the seventh class.
(b) The class into which a county falls shall be determined by the 1990 federal census and any subsequent federal census or any special census conducted by the department of economic and community development.
(c)
1. (1) For the purpose of determining the compensation of a general sessions judge who presides over a consolidated general sessions court consisting of two (2) or more counties, the populations of all counties served by the court shall be added together, and the resultant sum shall be increased to the next higher classification for the purpose of determining the class of counties in accordance with subsection (a).
2. (2) Each county served by a consolidated general sessions court shall pay its proportional share of the compensation of the judge or judges of the consolidated court based on a ratio established by using the population of the county according to the latest available census compared to the population of the counties comprising the consolidated general sessions court using the latest available census.
3. (3) For the purposes of this subsection (c) only, the compensation of such judge shall be based on what a judge of the next higher classification is to receive on September 1, 1998.
(d)
1. (1) If a county is in one class as provided in this section on September 1 of the year in which a judge is elected to office, and after that date the county moves into a lower class on the basis of a subsequent federal census, the salary of the judge shall not be diminished during the time for which the judge was elected.
2. (2) If a county is in one class as provided in this section on September 1 of the year in which a judge is elected to office and after that date the county moves into a higher class on the basis of a subsequent census, the salary of the judge shall be determined by the higher classification for the remainder of the term for which the judge was elected and subsequent terms of office. In no instance shall a judge's salary, for a county moving into a higher classification, be less than the salary paid prior to the reclassification.

Backlinks (1)

1-3-116(b)

History (7)

Acts 1988, ch. 698, § 1
1990, ch. 637, § 1
1992, ch. 952, § 13
1993, ch. 347, § 1
1997, ch. 555, § 1
2002, ch. 723, § 1
2003, ch. 256, § 1.

§ 16-15-5002. Time judge must devote to office — Practice of law or other employment.

(a) All general sessions judges in Class 1, 2 or 3 counties shall devote full time to the duties of such office and shall be prohibited from the practice of law or any other employment which conflicts with the performance of their duties as judge.
(b) General sessions judges in Class 4 through Class 8 counties shall be considered part-time judges and shall not be prohibited from the practice of law or other gainful employment while serving as judge except to the extent the practice or employment constitutes a conflict of interest.
(c) Notwithstanding this section to the contrary, a judge of the general sessions court in any county with a population of not less than eighteen thousand two hundred (18,200) nor more than eighteen thousand four hundred (18,400), according to the 2010 federal census or any subsequent federal census, upon adoption of a resolution by a two-thirds (⅔) majority vote of the county legislative body, shall devote full time to the duties of such office and shall be prohibited from the practice of law or any other employment which conflicts with the performance of their duties as judge.
(d) Notwithstanding this section to the contrary, a judge of the general sessions court in any county with a population of not less than twenty-one thousand eight hundred (21,800) nor more than twenty-one thousand nine hundred (21,900), according to the 2020 federal census or any subsequent federal census, shall devote full time to the duties of such office and shall be prohibited from the practice of law or any other employment which conflicts with the performance of their duties as judge.

History (4)

Acts 1988, ch. 698, § 2
2018, ch. 921, § 2
2021, ch. 254, § 1
2024, ch. 775, § 1.

§ 16-15-5003. Base salaries — Annual supplement — Restrictions on adding jurisdiction — Annual adjustment — Construction.

(a) The annual base salaries for general sessions judges shall be as follows:
1. (1) Counties of the first class $70,000
2. (2) Counties of the second class 50,000
3. (3) Counties of the third class 40,000
4. (4) Counties of the fourth class 32,000
5. (5) Counties of the fifth class 26,000
6. (6) Counties of the sixth class 22,000
7. (7) Counties of the seventh class 20,000
(b)
1. (1) In addition to the base salary provided by subsection (a), if a general sessions judge in a Class 2 or 3 county has or by operation of law obtains any of the following additional jurisdictions, the general sessions judge shall receive an annual supplement in the amounts indicated below:
  1. (A) Juvenile jurisdiction $20,000
  2. (B) Probate 10,000
  3. (C) Domestic relations 10,000
  4. (D) Workers' compensation 10,000
2. (2) Regardless of the kind or amount of additional jurisdiction a Class 2 judge may have, the judge shall not receive annual supplements in excess of twenty thousand dollars ($20,000).
3. (3) Regardless of the kind or amount of additional jurisdiction a Class 3 judge may have, the judge shall not receive annual supplements in excess of forty thousand dollars ($40,000).
(c)
1. (1) In addition to the base salary provided by subsection (a), if a general sessions judge in a Class 4, 5 or 6 county has or by operation of law obtains any of the following additional jurisdictions, the general sessions judge shall receive an annual supplement in the amounts indicated below:
  1. (A) Juvenile jurisdiction $10,000
  2. (B) Probate 5,000
  3. (C) Domestic relations 5,000
  4. (D) Workers' compensation 5,000
  5. (E) Mental health commitments 10,000
2. (2) Regardless of the kind or amount of additional jurisdiction a Class 4, 5 or 6 judge may have, the judge shall not receive annual supplements in excess of twenty thousand dollars ($20,000).
  Backlinks (1)
  
  16-15-5004(e)(2)
3. (3) Upon adoption of a resolution by a two-thirds (⅔) majority vote of the county legislative body, in addition to the base salary and additional supplements stated in subsections (a) and (c), any Class 4, 5 or 6 judge who is required to exercise the duties and powers set forth in title 33, chapter 6, part 4 regarding the emergency custody and hospitalization of persons believed to be mentally ill, due to a mental hospital or treatment source being located in the county where the judge presides, the judge shall receive an additional annual supplement of five thousand dollars ($5,000), which may be in excess of the twenty thousand dollars ($20,000) limitation on supplements set forth in subdivision (c)(2).
(d)
1. (1) In addition to the base salary provided by subsection (a), if a general sessions judge in a Class 7 county has or by operation of law obtains any of the following jurisdictions, the general sessions judge shall receive an annual supplement in the amounts indicated below:
  1. (A) Juvenile jurisdiction $7,500
  2. (B) Probate 2,500
  3. (C) Domestic relations 2,500
  4. (D) Workers' compensation 2,500
2. (2) Regardless of the kind or amount of additional jurisdiction a Class 7 judge may have, the judge shall not receive annual supplements in excess of ten thousand dollars ($10,000).
(e)
1. (1) On July 1, 1991, the base salaries established by this section shall be adjusted in accordance with subdivision (e)(2) to reflect the percentage of change in the average consumer price index (all items — city average) as published by the United States department of labor, bureau of labor statistics, between calendar year 1989 and calendar year 1990. Each succeeding July 1, a similar adjustment shall be made upon the percentage of change in the average consumer price index between the two (2) calendar years preceding July 1 of the year in which the adjustment is made. However, no reduction shall be made by way of adjustment on account of any decrease in the average consumer price index between the two (2) successive calendar years.
2. (2) For each two percent (2%) increase in the average consumer price index between two (2) successive calendar years, the base salaries shall be adjusted by one percent (1%). No annual adjustment shall exceed four percent (4%) regardless of the increase in the average consumer price index between any two (2) successive calendar years. Annual adjustments shall be made upon the base salary set out in subsection (a) and the adjustment shall not include any supplement that may be received pursuant to subsection (b) or (c).
(f) The compensation, supplement and annual adjustment provisions of this section are to be construed as minimum levels. Nothing in this part shall be construed as prohibiting a county, by private act, from compensating its general sessions judge or judges at levels in excess of what is required by this part. Any private or public act in effect on September 1, 1990, that provides greater compensation for a general sessions judge than is required by this section shall, to the extent of the judge's amount of compensation, prevail over this part, and the base salary of the judge shall be the salary paid to the holder of that office on August 31, 1990, pursuant to such public or private act, plus a percentage increase equivalent to the same percentage increase given by subsection (a) to a judge of a Class 6 county. Nothing in this part shall prevent a county from establishing and funding the position of part-time general sessions judge in a county with a full-time general sessions judge.
(g) Notwithstanding any provision of law or this part to the contrary, no judge of a general sessions court shall be paid a salary that is greater than the salary paid to a judge of a circuit court.
(h)
1. (1) Effective September 1, 1998, the annual salary for a general sessions court judge shall be increased over the annual compensation and supplements and annual adjustments that each judge actually received as of August 31, 1998, by the lesser of:
  1. (A) Ten thousand dollars ($10,000); or
  2. (B) Twenty percent (20%) of the annual compensation and supplements and annual adjustments as of August 31, 1998.
2. (2) Notwithstanding any other provision of law to the contrary, each full-time general sessions court judge in a county shall receive the same compensation as the most highly compensated general sessions court judge in that county if the judges have the same jurisdiction.
3. (3) Instead of the annual adjustments authorized in subsection (e), on July 1, 1999, and each succeeding July 1, the base salaries as adjusted annually and supplements as adjusted annually established by this section shall be adjusted in accordance with § 8-23-103.
4. (4)
  1. (A) The compensation, supplement and annual adjustment provisions of this section are to be construed as minimum levels. The compensation schedule established by this part is a comprehensive plan, and no salary supplement in excess of the supplements provided by this part shall be available to a general sessions judge unless expressly provided and funded by a private act.
  2. (B) Notwithstanding any law to the contrary, a judge of a court of general sessions may not be paid compensation based on both this part and the compensation provisions in a private act.
  3. (C) Nothing in this part shall be construed as prohibiting a county, by private act, from compensating its general sessions judge or judges at levels in excess of what is required by this part. Any private or public act in effect on September 1, 1998, that provides greater compensation for a general sessions judge than is required by this section shall, to the extent of the judge's amount of compensation, prevail over this part, and the base salary of the judge shall be the salary paid to the holder of that office on August 31, 1998, pursuant to the public or private act plus a percentage increase equivalent to the same percentage increase given by subdivision (h)(1) to a judge of a Class 6 county determined as of August 31, 1998.
(i)
1. (1) Notwithstanding any law or public chapter to the contrary, effective September 1, 2006, the annual salary for a general sessions court judge who is compensated under this section shall be increased over the annual compensation and supplements and annual adjustments that each judge actually received as of August 31, 2006, by the lesser of:
  1. (A) Ten thousand dollars ($10,000); or
  2. (B) Twenty percent (20%) of the annual compensation and supplements and annual adjustments as of August 31, 2006.
2. (2) A judge of a general sessions court may not be paid compensation based on both this part and the compensation provisions of a private act.
3. (3) Notwithstanding any provision of this subsection (i) to the contrary, each general sessions court judge in a Class 1 county who is compensated under this section shall receive the same compensation as the most highly compensated general sessions court judge in a Class 1 county who is compensated under this section.
4. (4) Notwithstanding any provision of this subsection (i) to the contrary, each general sessions court judge in a Class 2-7 county who is compensated under this section and who receives the maximum amount of annual supplements shall receive the same compensation as the most highly compensated general sessions court judge in the same county classification who is compensated under this section. All other general sessions court judges in Class 2-7 counties who are compensated under this section shall receive the same compensation as the most highly compensated general sessions court judge in the same county classification with the same jurisdiction who is compensated under this section; provided, however, that no judge shall be paid a salary that reflects jurisdictional supplements that the judge is not entitled to exercise by law.
5. (5) Instead of the annual adjustments authorized in subsection (e), on July 1, 2007, and each succeeding July 1, the annual compensation and supplements and annual adjustments established under this section shall be adjusted in accordance with § 8-23-103.
6. (6) Nothing in this part shall be construed as prohibiting a county, by public or private act, from compensating its general sessions court judge or judges at levels in excess of what is required by this section. Any public or private act in effect on September 1, 2006, that provides greater compensation for a general sessions court judge than is required by this section shall, to the extent of the judge's amount of compensation, prevail over this section. Notwithstanding any provision of this subsection (i) to the contrary, a general sessions court judge in a Class 6 county who receives no supplements and who is compensated under a private or public act and not under this section shall receive the same increase provided in subdivision (i)(1).
7. (7) On or before July 15, 2006, each general sessions court judge shall certify to the administrative office of the courts (AOC) the total amount of the judge's actual compensation as of August 31, 2006, the jurisdictions exercised by the judge, the legal basis for exercising the jurisdiction, and whether the judge is compensated under this section or under a public or private act. Included in the information submitted by the judge to the AOC shall be a certification of the county's chief financial officer of the actual compensation of the judge as of August 31, 2006, or other verifiable proof of the judge's actual compensation. When all judges have certified the required information to the AOC, the AOC shall report to each general sessions court judge the amount of compensation to be paid to the general sessions court judge beginning on September 1, 2006, based on the information provided by the judge. Thereafter, when a new court is created, a new judge takes office or any similar change occurs, or upon the completion of a new federal census, the administrative office of the courts shall report the amount of compensation to be paid to any judge affected by the change.
8. (8) The judges of the general sessions court in any county with a population of not less than three hundred eighty-two thousand (382,000) nor more than three hundred eighty-two thousand one hundred (382,100), according to the 2000 federal census or any subsequent federal census, and that has a charter form of government shall receive the same annual compensation as the general sessions judges in those counties with a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census.
9. (9) No general sessions judge who engages in the private practice of law shall receive any increase in salary pursuant to this subsection (i), if the judge is prohibited by law from engaging in private practice.
(j) Notwithstanding any provision of law or this part to the contrary, no judge of a general sessions court shall be paid a salary which is greater than the salary paid to a judge of a circuit court.
(k) In addition to the base salary provided by this section, a judge of the general sessions court in any county with a population of not less than eighteen thousand three hundred one (18,301) nor more than eighteen thousand four hundred (18,400), according to the 2010 federal census or any subsequent federal census, shall receive an additional twenty thousand dollars ($20,000) in salary upon adoption of a resolution by a two-thirds (⅔) majority vote of the county legislative body approving the increased salary and if such position is full time.

History (9)

Acts 1988, ch. 698, § 3
1990, ch. 637, § 2
1997, ch. 555, §§ 2, 5
1998, ch. 1131, § 1
2000, ch. 947, § 8A
2002, ch. 723, §§ 2, 3
2005, ch. 324, § 1
2006, ch. 957, §§ 1, 2
2018, ch. 921, § 1.

§ 16-15-5004. Concurrent jurisdiction — Domestic relations — Workers' compensation — Probate cases — Mental commitments.

(a) In any county having a population of not less than seventy-seven thousand seven hundred (77,700) nor more than seventy-seven thousand eight hundred (77,800), according to the 1980 federal census or any subsequent federal census, on July 1 of each year, the general session judges shall have concurrent jurisdiction with the circuit and chancery courts over domestic relations cases. When the general sessions court of any such county is exercising domestic relations jurisdiction under the authority conferred by this subsection (a) or § 16-15-501(b)(4), the clerk and master of the county shall serve as the clerk of the general sessions court.
(b) In counties of the second class having a population of not less than forty-seven thousand five hundred seventy-five (47,575) nor more than forty-seven thousand six hundred fifteen (47,615), according to the 1980 federal census or any subsequent federal census:
1. (1) The general sessions court shall have concurrent jurisdiction with the circuit and chancery courts over domestic relations cases. The circuit court clerk shall be designated as the clerk of the general sessions domestic relations court; and
2. (2) The base salary of the general sessions judge in those counties shall be as provided by this part.
(c) In counties of the third class having a population of not less than thirty-two thousand six hundred (32,600) nor more than thirty-two thousand seven hundred (32,700), according to the 1980 federal census or any subsequent federal census:
1. (1) The general sessions court shall have concurrent jurisdiction with the circuit and chancery courts over workers' compensation cases. The clerk and master of the chancery court shall be designated as the clerk of the general sessions workers' compensation court; and
2. (2) The base salary of the general sessions judge in the counties shall be as provided by this part.
(d) In counties of the sixth class having a population of not less than fourteen thousand eight hundred (14,800) nor more than fourteen thousand eight hundred fifty (14,850), according to the 1980 federal census or any subsequent federal census:
1. (1) The general sessions court shall have concurrent jurisdiction with the circuit and chancery courts over domestic relations cases, probate cases and mental health commitments; and
2. (2) Regardless of the court exercising jurisdiction, domestic relations cases, probate cases and mental health commitments shall continue to be filed in the clerk's office where the cases are currently filed. When the general sessions court of the county is exercising any of the jurisdiction set out in subdivision (d)(1), the appropriate clerk shall also serve as the clerk of the general sessions court.
(e)
1. (1) In counties of the fourth class having a population of not less than twenty five thousand three hundred (25,300) nor more than twenty five thousand three hundred fifty (25,350), according to the 1980 federal census or any subsequent federal census:
  1. (A) The general sessions court shall have concurrent jurisdiction with the circuit and chancery courts over probate cases and mental health commitments; and
  2. (B) Regardless of the court exercising jurisdiction, probate cases and mental health commitments shall continue to be filed in the clerk's office where the cases are currently filed.
2. (2) Notwithstanding the limitation on annual supplements in § 16-15-5003(c)(2), the judge of the court of general sessions to which subdivision (e)(1) is applicable shall receive the total amount of the supplements authorized by law for the judge.
3. (3) This subsection (e) shall have no effect unless it is approved by a two-thirds (⅔) vote of the legislative body of any county to which it may apply. Its approval or nonapproval shall be proclaimed by the presiding officer of the county legislative body and certified to the secretary of state.
(f)
1. (1) In counties of the fourth class having a population of not less than twenty-six thousand one hundred (26,100) nor more than twenty-six thousand two hundred (26,200), according to the 1990 federal census or any subsequent federal census:
  1. (A) The general sessions court shall have concurrent jurisdiction with the circuit and chancery courts over workers' compensation cases, divorce and all other domestic relations cases, mental health commitment cases, probate cases and cases involving decedents' estates; and
  2. (B) Regardless of the court exercising jurisdiction, workers' compensation cases, divorce and all other domestic relations cases, mental health commitment cases, probate cases and cases involving decedents' estates shall continue to be filed in the clerk's office where the cases were filed on June 30, 1999.
2. (2) Subdivision (f)(1) shall have no effect unless it is approved by a two-thirds (⅔) vote of the legislative body of any county to which it may apply. Its approval or nonapproval shall be proclaimed by the presiding officer of the county legislative body and certified to the secretary of state.
(g)
1. (1) In counties of the sixth class having a population of not less than seventeen thousand two hundred fifty (17,250) nor more than seventeen thousand five hundred fifty (17,550), according to the 1990 federal census or any subsequent federal census:
  1. (A) The general sessions court has concurrent jurisdiction with the circuit and chancery courts over divorce and all other domestic relations cases, mental health commitment cases, probate cases and cases involving decedents' estates;
  2. (B) Regardless of the court exercising jurisdiction, divorce and all other domestic relations cases, mental health commitment cases, probate cases and cases involving decedents' estates shall continue to be filed in the clerk's office where the cases were filed on June 30, 2000.
2. (2) Subdivision (g)(1) shall have no effect unless it is approved by a two-thirds (⅔) vote of the legislative body of any county to which it applies. Its approval or nonapproval shall be proclaimed by the presiding officer of the legislative body and certified to the secretary of state.

History (6)

Acts 1988, ch. 698, §§ 9, 12, 13
1989, ch. 81, §§ 1, 3
1991, ch. 396, § 1
1991, ch. 501, §§ 1, 2
1999, ch. 352, § 1
2000, ch. 877, § 1.

§ 16-15-5005. Judges to be licensed — Vacancies.

(a)
1. (1) Notwithstanding any other law to the contrary, all persons occupying the office of general sessions judge shall be licensed to practice law in this state.
2. (2) Any person serving in the office of general sessions judge on August 1, 1990, who is not a licensed attorney may seek reelection to the position and serve as a general sessions judge as long as the person is continuously reelected.
3. (3) If a vacancy occurs in the office of a nonattorney general sessions judge elected pursuant to this section, the vacancy shall be filled by a person licensed to practice law and the qualifications set out in subdivision (a)(1) shall thereafter apply to that position.
(b)
1. (1) Notwithstanding this section, if a vacancy occurs in the office of general sessions judge and no licensed attorney appears at the meeting when the vacancy is being filled by the county legislative body and offers to become a candidate for the office, the vacancy may be filled by a person not licensed to practice law.
2. (2) If no licensed attorney qualifies for an election being held to fill the office of general sessions judge, or the only attorney candidate legally withdraws, the county election commission shall extend the qualification deadline for a period of ten (10) days, during which period persons not licensed to practice law may qualify to seek the office of general sessions judge.
3. (3) Subdivision (b)(2) shall not apply in counties having a population of not less than fifty-one thousand twenty-five (51,025) nor more than fifty-one thousand one hundred twenty-five (51,125), according to the 1980 federal census or any subsequent federal census.

History (4)

Acts 1988, ch. 698, § 5
1990, ch. 637, §§ 3, 4
1990, ch. 862, § 1
1990, ch. 1017, § 1.

§ 16-15-5006. Financial responsibility of counties — Litigation tax for counties.

(a) Each county shall be responsible for paying the base salary, any supplements and any annual adjustments for all of the general sessions judges in the county. Counties are authorized to impose a local litigation tax on each civil case filed in general sessions court, or in a court where the general sessions judge serves as judge, except juvenile court, and are authorized to impose a local litigation tax on each criminal conviction in general sessions court. In order for the tax to be effective, it must be approved by a two-thirds (⅔) vote of the county legislative body of any county wishing to impose it. Its approval by the county legislative body must be proclaimed by the presiding officer of the body and certified by the presiding officer to the secretary of state. The litigation tax authorized by this section may be effective on or after July 1, 1990, and may be in any amount up to six dollars ($6.00) per case. Proceeds of the litigation tax shall be paid to the county general fund. It is the intent of the general assembly that the proceeds of this local tax aid in defraying the cost to counties of paying the general sessions court judges. If, during any fiscal year, the amount of revenue generated by the local tax enacted pursuant to this section does not sufficiently fund the increase in the general sessions judge's compensation mandated by this part or the salary supplement as provided for under [former] § 16-15-205(d)(2) [repealed], the local litigation tax may be raised to an amount more than six dollars ($6.00) necessary to fund the increase mandated by this part or the salary supplement as provided for under [former] § 16-15-205(d)(2) [repealed]; provided, that any increase to fund the supplement shall be adjusted annually.
(b) Any increase in expenditures by a county resulting from the increase provided by this part shall be appropriated from funds that the county receives from the state government that are not earmarked by statute for a particular purpose.

History (5)

Acts 1988, ch. 698, § 7
1990, ch. 637, § 5
1997, ch. 556, § 1
2004, ch. 684, § 1
2015, ch. 223, § 1.

§ 16-15-5007. Administrative director of Tennessee general sessions judge's conference — Litigation tax for state.

The administrative director of the courts shall also serve as the administrative director of the Tennessee general sessions judges’ conference. The administrative director of the courts may serve the conference with existing staff or may, with a portion of the proceeds of the litigation tax earmarked to the administrative director's office, employ such additional staff as may be necessary to adequately serve the general sessions judges.

Backlinks (2)

History (5)

Acts 1988, ch. 698, § 6
1990, ch. 637, § 6
1993, ch. 66, § 25
1993, ch. 241, § 24
2005, ch. 429, § 19.

§ 16-15-5008. Additional litigation tax for state.

Effective July 1, 1988, there is imposed a litigation tax, in addition to the tax imposed by § 16-15-5007 of two dollars ($2.00) on each civil case filed in general sessions court or in a court where the general sessions judge serves as judge, and of two dollars ($2.00) on each criminal conviction in general sessions court. The litigation tax imposed by this section shall not apply to cases in juvenile court.

Backlinks (1)

16-15-5011

History (2)

Acts 1988, ch. 698, § 6
1990, ch. 637, § 7.

§ 16-15-5009. Jurisdiction added by private act.

(a) If added jurisdiction to hear probate, domestic relations or workers' compensation cases is given to a general sessions court by private act, cases shall be filed in either the circuit court clerk's or clerk and master's office unless otherwise provided by private act. The general sessions court that has been given the added jurisdiction to hear such cases shall be assigned cases for hearing by agreement of the general sessions court judges and the circuit court judges and the chancellors.
(b) If added jurisdiction in juvenile cases is given to a general sessions court by private act, cases shall be filed in the clerk's office where the cases are presently filed unless otherwise provided by private act.

History (1)

Acts 1988, ch. 698, § 11.

§ 16-15-5010. Index and table of jurisdiction.

The Tennessee code commission shall publish in this code an index of acts pertaining to the jurisdiction of courts of general sessions by county and compile a tabulation of such jurisdiction by court.

History (1)

Acts 1988, ch. 698, § 3.

§ 16-15-5011. Applicability to certain counties.

Only §§ 16-15-5007 and 16-15-5008 apply to any county having a population in excess of four hundred fifty thousand (450,000) and any county having a population of not less than two hundred eighty-seven thousand seven hundred (287,700) nor more than two hundred eighty-seven thousand eight hundred (287,800), according to the 1980 federal census or any subsequent federal census.

History (1)

Acts 1988, ch. 698, § 8.

§ 16-15-5012. Promulgation of uniform general sessions court warrant.

(a)
1. (1) The administrative office of the courts (AOC), in consultation with the general sessions judges’ conference, court clerks' association, the sheriffs' association and the association of chiefs of police, shall design and promulgate a uniform general sessions court warrant. The purpose of the warrant is to make uniform the information contained on the warrant so that the AOC can compile accurate data on cases in general sessions courts across the state and to make the transfer of the warrant or information contained on the warrant to the AOC as quick and efficient as possible.
2. (2) Upon the warrant being promulgated, it shall be used exclusively in all general sessions courts and other courts when exercising general sessions court jurisdiction; provided, in general sessions courts that use a warrant containing substantially the same information as that contained on the uniform warrant and where warrant information collected by the AOC is collected and maintained electronically by the general sessions court clerk, a nonuniform warrant may be used.
(b) The AOC, in consultation with the general sessions judges’ conference, Tennessee bar association, court clerks' association, Tennessee trial lawyers' association and the sheriffs' association, shall design and promulgate a uniform general sessions civil warrant. Upon the civil warrant being promulgated, it shall be used exclusively in all general sessions courts and other courts when exercising general sessions court jurisdiction; provided, in general sessions courts that use a civil warrant containing substantially the same information as that contained on the uniform civil warrant and where civil warrant information collected by the AOC is collected and maintained electronically by the general sessions court clerk, a nonuniform civil warrant may be used.

History (2)

Acts 2000, ch. 968, § 1
2001, ch. 362, § 1.

§ 16-15-5013. Designation of division of general sessions court as mental health court.

(a) The county commission of any county having a population of eight hundred thousand (800,000) or more, according to the 2000 federal census or any subsequent federal census, may designate a division of the county's general sessions court as the mental health court. The mental health court shall be staffed using existing general sessions court staff members.
(b) The mental health court is granted the power to hear cases involving petitions filed under the mental health law, compiled in title 33, and mental commitments.
(c) The mental health court shall strive to identify and provide treatment and services to persons who are mentally ill, developmentally disabled or dually diagnosed, or persons who have a history of alcohol or drug abuse.
(d) The mental health court shall also strive to create a single point of contact for persons governed by this section and shall seek to provide case management, forensic alternative community treatment and community-based services.

History (1)

Acts 2004, ch. 703, § 1.

§ 16-15-5014. Domestic violence court for Shelby County.

(a) In order to maximize and concentrate limited prosecutorial, counseling and other social resources to victims of domestic violence, the tenth division of the Shelby County general sessions court shall serve as the domestic violence court for Shelby County.
(b) Provided that the caseload of the domestic violence court does not exceed the capacity of the tenth division to hear all such cases, the tenth division of the Shelby County general sessions court shall have exclusive jurisdiction over matters involving domestic violence, orders of protection, domestic assault and all other cases incident to domestic abuse as defined in § 36-3-601; provided, however, that the tenth division may retain concurrent jurisdiction over other types of cases. The determination whether the tenth division of the Shelby County general sessions court has exceeded its capacity to hear all domestic violence cases shall be made by the presiding judge of the tenth division in consultation with the chief judge of the Shelby County general sessions court.
(c) If it has been determined pursuant to subsection (b) that the caseload of the domestic violence court exceeds the capacity of the tenth division of the Shelby County general sessions court to hear all such cases, then the excess cases shall be distributed among the remaining divisions of the Shelby County general sessions court to be heard.
(d) The general sessions court shall commence as the domestic violence court for Shelby County no later than September 1, 2009.

History (1)

Acts 2009, ch. 391, § 1.

Chapter 16 County Courts

Part 1 General Provisions [Repealed in certain counties]

§ 16-16-101. Establishment.

(a) A court is established in each county for the dispatch of probate and other business entrusted to it, to be called the county court.
(b) Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of:
3. 12,80012,900
4. 27,10027,200
5. 43,10043,200
6. 62,30062,400
7. 182,000182,100
(c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.

History (7)

Code 1858, § 127 (deriv. Acts 1835-1836, ch. 6, § 1)
Shan., § 221
Code 1932, § 161
modified
T.C.A. (orig. ed.), § 16-701
Acts 2003, ch. 310, §§ 1, 6-10
2005, ch. 245, §§ 1, 2.

§ 16-16-102. Special laws continued.

(a) All the existing laws defining the local limits of the jurisdiction of the county courts, and fixing the times and places for holding the county courts, are continued in full force and effect, unless inconsistent with some positive provision of this code.
(b) Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of:
3. 12,80012,900
4. 27,10027,200
5. 43,10043,200
6. 62,30062,400
7. 182,000182,100
(c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.

History (6)

Code 1858, § 128
Shan., § 222
Code 1932, § 162
T.C.A. (orig. ed.), § 16-702
Acts 2003, ch. 310, §§ 1, 6-10
2005, ch. 24, §§ 1, 2.

§ 16-16-103. Attendance at court.

(a) The judge shall attend at the courthouse of the county in which the judge serves on the first Monday of every month; and shall, on first Mondays and subsequent days as may be necessary, attend to all matters and adjudicate and determine all questions and do all other acts and things required.
(b) Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of:
3. 12,80012,900
4. 27,10027,200
5. 43,10043,200
6. 62,30062,400
7. 182,000182,100
(c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.

History (7)

Acts 1875, ch. 70, § 1
Shan., § 6006
mod. Code 1932, § 10204
modified
T.C.A. (orig. ed.), § 16-705
Acts 2003, ch. 310, §§ 1, 6-10
2005, ch. 24, §§ 1, 2.

§ 16-16-104. Terms of court.

(a) The county court to be held by the county judge shall have its regular sessions on the first Monday of each month; and the court shall sit from day to day, so long as the business of the court may require.
(b) Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of:
3. 12,80012,900
4. 27,10027,200
5. 43,10043,200
6. 62,30062,400
7. 182,000182,100
(c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.

History (7)

Code 1858, § 4198 (deriv. Acts 1855-1856, ch. 253, § 5)
Shan., § 6023
Code 1932, § 10222
impl. am. Acts 1978, ch. 934, §§ 7, 36
T.C.A. (orig. ed.), § 16-706
Acts 2003, ch. 310, §§ 1, 6-10
2005, ch. 24, §§ 1, 2.

§ 16-16-105. Court always open.

(a) The county court to be held by the county judge shall be deemed always open for the transaction of any business and the exercise of any jurisdiction conferred upon the county judge or upon the court held by the county judge.
(b) Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of:
3. 12,80012,900
4. 27,10027,200
5. 43,10043,200
6. 62,30062,400
7. 182,000182,100
(c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.

History (7)

Acts 1911, ch. 3, § 1
Shan., § 6006a1
mod. Code 1932, § 10205
modified
T.C.A. (orig. ed.), § 16-707
Acts 2003, ch. 310, §§ 1, 6-10
2005, ch. 24, §§ 1, 2.

§ 16-16-106. Practice of law by judge.

(a) The county judge is not precluded from practicing in the supreme, chancery, circuit, and criminal courts of this state, but shall not act as counsel in any case going up from the judge's court.
(b) Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of:
3. 12,80012,900
4. 27,10027,200
5. 43,10043,200
6. 62,30062,400
7. 182,000182,100
(c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.

History (6)

Code 1858, § 4200 (deriv. Acts 1855-1856, ch. 253, § 12)
Shan., § 6026
Code 1932, § 10224
T.C.A. (orig. ed.), § 16-708
Acts 2003, ch. 310, §§ 1, 6-10
2005, ch. 24, §§ 1, 2.

§ 16-16-107. Original jurisdiction.

(a)
1. (1) The county court has original jurisdiction in the following cases:
  1. (A) The probate of wills;
  2. (B) The granting of letters testamentary and of administration, and the repeal and revocation of letters testamentary and of administration;
  3. (C) All controversies in relation to the right of executorship or of administration;
  4. (D) The settlement of accounts of executors and administrators;
  5. (E) The partition and distribution of the estates of decedents; and for these purposes, the power to sell the real and personal property belonging to the estates, if necessary to make the partition and distribution, or if manifestly for the interest of the parties;
  6. (F) To sell real estate for the payment of debts of a decedent as provided in former §§ 30-602 and 30-603;
  7. (G) The appointment and removal of guardians for minors and conservators for persons adjudicated incompetent, and all controversies as to the right of guardianship and conservatorship, and the settlement of guardian and conservator accounts;
  8. (H) The partition, sale or division of land;
  9. (I) The changing of names and the legitimation of children;
  10. (J) The issuance of inquisitions of unsoundness of mind; and
  11. (K) The binding out of apprentices, and all controversies between master and apprentice.
2. (2) In counties having a county judge, the county judge shall have the powers enumerated in subdivision (a)(1).
(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
(c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.

Backlinks (2)

History (18)

Code 1858, §§ 4201, 4202 (deriv. Acts 1797, ch. 41
1805, ch. 2, § 1
1815, ch. 115
1835-1836, ch. 6, § 2
1849-1850, ch. 27, § 1
1849-1850, ch. 77, § 1
1849-1850, ch. 185, § 1
1851-1852, ch. 338, §§ 1, 2
1853-1854, ch. 53, § 1)
Acts 1873, ch. 64, § 1
Shan., §§ 6027, 6029
Code 1932, §§ 10225, 10227
impl. am. Acts 1951, ch. 202
Acts 1976, ch. 529, § 5
T.C.A. (orig. ed.), § 16-709
Acts 2003, ch. 310, §§ 1, 6-10
2005, ch. 24, §§ 1, 2
2011, ch. 47, § 14.

§ 16-16-108. Distribution, partition, and sale of realty.

(a) The county court shall have concurrent jurisdiction with the chancery and circuit courts to sell real estate of decedents and for distribution or partition. The mode of procedure in those cases in the county courts shall conform in every respect to the rules and regulations laid down for the conduct of similar causes in the chancery and circuit courts.
(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
(c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.

Backlinks (1)

16-16-109(a)

History (6)

Acts 1873, ch. 64, §§ 1, 2
Shan., § 6028
Code 1932, § 10226
T.C.A. (orig. ed.), § 16-710
Acts 2003, ch. 310, §§ 1, 6-10
2005, ch. 24, §§ 1, 2.

§ 16-16-109. Powers necessary to jurisdiction.

(a) The county court is expressly vested, over all subjects enumerated in §§ 16-16-107 and 16-16-108, with all the power and authority necessary and proper to the exercise of the jurisdiction conferred.
(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
(c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.

Backlinks (1)

16-16-110(a)

History (6)

Code 1858, § 4203
Shan., § 6030
Code 1932, § 10228
T.C.A. (orig. ed.), § 16-711
Acts 2003, ch. 310, §§ 1, 6-10
2005, ch. 24, §§ 1, 2.

§ 16-16-110. Powers in sale of property.

(a) The court may, pursuant to § 16-16-109, appoint commissioners to make sale of real or personal property, taking bond and security for the faithful performance of duty, when deemed necessary; may revise, set aside, or confirm the proceedings of the commissioners, as such other courts; render judgments or decrees upon notes and obligations taken in the progress of a cause, and relieve, upon petition, any purchaser or party, or person interested, by opening biddings, setting aside sales, or otherwise, like the circuit or chancery court in similar cases.
(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
(c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.

History (6)

Code 1858, § 4205 (deriv. Acts 1849-1850, ch. 185, §§ 1, 2)
Shan., § 6032
Code 1932, § 10230
T.C.A. (orig. ed.), § 16-712
Acts 2003, ch. 310, §§ 1, 6-10
2005, ch. 24, §§ 1, 2.

§ 16-16-111. Powers after confirmation of sale.

(a) When land is sold by any order or decree of the county court, and the sale reported by the clerk and confirmed by the court, the county court shall have the same power and jurisdiction over the cause against the purchaser as the chancery court has by law, notwithstanding the sale has been reported and confirmed.
(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
(c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.

History (6)

Acts 1873, ch. 88, § 2
Shan., § 6034
Code 1932, § 10231
T.C.A. (orig. ed.), § 16-713
Acts 2003, ch. 310, §§ 1, 6-10
2005, ch. 24, §§ 1, 2.

§ 16-16-112. Enforcement of small liens.

(a) Jurisdiction is conferred upon the county court to enforce vendors' liens and foreclose mortgages upon all sums under fifty dollars ($50.00), and also to enforce all liens on all sums under fifty dollars ($50.00) in such cases as the chancery court alone would have jurisdiction if the amount were more than fifty dollars ($50.00). The rules of practice and pleading in use in the chancery court on sums above fifty dollars ($50.00) shall be adopted or followed.
(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
(c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.

History (7)

Acts 1887, ch. 141, §§ 1, 2
1889, ch. 30, § 1
Shan., §§ 6035, 6036
mod. Code 1932, §§ 10232, 10233
T.C.A. (orig. ed.), § 16-714
Acts 2003, ch. 310, §§ 1, 6-10
2005, ch. 24, §§ 1, 2.

§ 16-16-113. Writs of possession.

(a) The county court shall have the same power to issue writs of possession to put the purchaser in possession in all cases that the chancery court has and shall be governed by the same rules.
(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
(c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.

History (6)

Acts 1887, ch. 141, § 3
Shan., § 6037
Code 1932, § 10234
T.C.A. (orig. ed.), § 16-715
Acts 2003, ch. 310, §§ 1, 6-10
2005, ch. 24, §§ 1, 2.

§ 16-16-114. Bastardy.

(a) The court has also original jurisdiction over bastardy and bastards, and general supervision of bastards.
(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
(c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.

History (6)

Code 1858, § 4208 (deriv. Acts 1741, ch. 14, § 10)
Shan., § 6040
Code 1932, § 10237
T.C.A. (orig. ed.), § 16-716
Acts 2003, ch. 310, §§ 1, 6-10
2005, ch. 24, §§ 1, 2.

§ 16-16-115. Powers to exercise concurrent jurisdiction.

(a) The county court is, in cases of concurrent jurisdiction, vested with all the incidental powers belonging to or conferred by law upon the court with which its jurisdiction is concurrent, for the purpose of exercising and effectuating such jurisdiction.
(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
(c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.

History (6)

Code 1858, § 4204
Shan., § 6031
Code 1932, § 10229
T.C.A. (orig. ed.), § 16-717
Acts 2003, ch. 310, §§ 1, 6-10
2005, ch. 24, §§ 1, 2.

§ 16-16-116. Clerk.

(a) The county clerk shall be the clerk of the court held by the county judge.
(b) Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of:
3. 12,80012,900
4. 27,10027,200
5. 43,10043,200
6. 62,30062,400
7. 182,000182,100
(c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.

History (6)

Code 1858, § 4199 (deriv. Acts 1855-1856, ch. 253, § 7)
Shan., § 6025
Code 1932, § 10223
T.C.A. (orig. ed.), § 16-718
Acts 2003, ch. 310, §§ 1, 6-10
2005, ch. 24, §§ 1, 2.

§ 16-16-117. Procedure in exercising concurrent jurisdiction.

(a) The mode of procedure in the county court, where the jurisdiction is concurrent either with the circuit or chancery court, shall be as near as may be, according to the rules laid down for the conduct of similar business in those courts.
(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
(c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.

History (6)

Code 1858, § 4196
Shan., § 6021
Code 1932, § 10220
T.C.A. (orig. ed.), § 16-719
Acts 2003, ch. 310, §§ 1, 6-10
2005, ch. 24, §§ 1, 2.

§ 16-16-118. Return of process.

(a) Unless otherwise ordered by the court, all process shall be returnable to the first Monday coming five (5) days after the service of such process.
(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
(c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.

History (6)

Acts 1911, ch. 3, § 2
Shan., § 6006a2
Code 1932, § 10206
T.C.A. (orig. ed.), § 16-720
Acts 2003, ch. 310, §§ 1, 6-10
2005, ch. 24, §§ 1, 2.

§ 16-16-119. Reference of questions of fact to clerk — Designation as probate master.

(a) In the exercise of the jurisdiction conferred by § 16-16-107, by title 33, or by [former] title 34, chapter 10, the county judge may, in the county judge's discretion, by general or special orders of reference, refer questions of fact to the county clerk, for taking of proof, either by depositions or by oral testimony, and making findings of fact with respect to the depositions or oral testimony. The county clerk or a deputy named by the county clerk may be designated as probate master and in that capacity shall have all the powers of a clerk and master in chancery.
(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
(c) In counties having a population of not less than thirty-nine thousand fifty (39,050) nor more than thirty-nine thousand one hundred fifty (39,150), according to the 2000 federal census of population or any subsequent federal census, the circuit court clerk, who also serves as the general sessions court clerk, shall serve as the clerk of the court with probate jurisdiction in any such counties.

History (6)

Acts 1955, ch. 146, § 1
impl. am. Acts 1978, ch. 934, §§ 22, 36
modified
T.C.A., § 16-721
Acts 2003, ch. 310, §§ 1, 6-10
2005, ch. 24, §§ 1, 2.

§ 16-16-120. Information to be collected and reported to the federal bureau of investigation-NICS index and the department of safety by those county and probate courts in which commitments to a mental institution are ordered.

(a) As used in this section:
1. (1) “Adjudication as a mental defective or adjudicated as a mental defective” means:
  1. (A) A determination by a court in this state that a person, as a result of marked subnormal intelligence, mental illness, incompetency, condition or disease:
    1. (i) Is a danger to such person or to others; or
    2. (ii) Lacks the ability to contract or manage such person's own affairs due to mental defect;
  2. (B) A finding of insanity or that a person is incompetent to stand trial by a court in a criminal proceeding; or
  3. (C) A finding that a person is incompetent to stand trial or is found not guilty by reason of insanity pursuant to §§ 50a and 72b of the Uniform Code of Military Justice (10 U.S.C. §§ 850a, 876b);
2. (2) “Judicial commitment to a mental institution” means a judicially ordered involuntary admission to a private or state hospital or treatment resource in proceedings conducted pursuant to title 33, chapter 6 or 7;
3. (3) “Mental institution” means a mental health facility, mental hospital, sanitarium, psychiatric facility and any other facility that provides diagnoses by a licensed professional of mental retardation or mental illness, including, but not limited to, a psychiatric ward in a general hospital;
4. (4) “Treatment resource” means any public or private facility, service or program providing treatment or rehabilitation services for mental illness or serious emotional disturbance, including, but not limited to, detoxification centers, hospitals, community mental health centers, clinics or programs, halfway houses and rehabilitation centers.
(b) Those county or probate courts wherein commitments to a mental institution are ordered pursuant to title 33, chapter 6 or 7 or persons are adjudicated as a mental defective shall enter a standing and continuing order instructing the clerk to collect and report as soon as practicable, but no later than the third business day following the date of such an order or adjudication, information described in subsection (c) regarding individuals who have been adjudicated as a mental defective or judicially committed to a mental institution for the purposes of complying with the NICS Improvement Amendments Act of 2007, P.L. 110-180.
(c) The following information shall be collected and reported to the federal bureau of investigation-NICS Index and the department of safety, pursuant to subsection (b):
1. (1) Complete name and all aliases of the individual judicially committed or adjudicated as a mental defective, including, but not limited to, any names that the individual may have had or currently has by reason of marriage or otherwise;
2. (2) Case or docket number of the judicial commitment or the adjudication as a mental defective;
3. (3) Date judicial commitment ordered or adjudication as a mental defective was made;
4. (4) Private or state hospital or treatment resource to which the individual was judicially committed; and
5. (5) Date of birth of the individual judicially committed or adjudicated as a mental defective, if such information has been provided to the clerk.
(d) The information in subdivisions (c)(1)-(5), the confidentiality of which is protected by other statutes or regulations, shall be maintained as confidential and not subject to public inspection pursuant to such statutes or regulations, except for such use as may be necessary in the conduct of any proceedings pursuant to §§ 39-17-1316, 39-17-1353 and 39-17-1354.

Backlinks (4)

History (3)

Acts 2009, ch. 578, § 4
2013, ch. 300, § 6
2024, ch. 784, § 8.

§ 16-16-121. Relief from firearm disabilities imposed on persons adjudicated as mental defective or judicially committed to mental institution.

(a) A person who is subject to 18 U.S.C. § 922(d)(4) and (g)(4), § 39-17-1307(i), or § 39-17-1316(q)(4) because the person has been adjudicated as a mental defective or judicially committed to a mental institution, as defined in § 16-16-120, may petition the county or probate court that entered the judicial commitment or adjudication order for relief from the firearm disabilities imposed by the adjudication or judicial commitment; provided, that the person may not petition the court until three (3) years from the date of release from commitment or the date of the adjudication order, whichever is later.
(b) A copy of the petition for relief shall also be served on the district attorney general of the judicial district in which the original judicial commitment or adjudication occurred. The district attorney general may appear, support, object to, or present evidence relevant to the relief sought by the petitioner.
(c) The court shall receive and consider evidence in an open proceeding, including evidence offered by the petitioner, concerning:
1. (1) The circumstances that led to the imposition of the firearms disability under 18 U.S.C. § 922(d)(4) and (g)(4), § 39-17-1307(i), or § 39-17-1316(q)(4);
2. (2) The petitioner's mental health records;
3. (3) The petitioner's criminal history;
4. (4) The petitioner's reputation; and
5. (5) Changes in the petitioner's condition or circumstances relevant to the relief sought.
(d) The court shall grant the petition for relief if it finds by a preponderance of the evidence and enters into the record the following:
1. (1) The petitioner is no longer likely to act in a manner that is dangerous to public safety; and
2. (2) Granting the relief would not be contrary to the public interest.
(e) A record of the proceedings, to be provided by the petitioner, shall be made by a certified court reporter or by court-approved electronic means.
(f) The petitioner may appeal a final order denying the requested relief, and the review on appeal, if granted, shall be de novo.
(g) A person may file a petition for relief under this section no more than once every two (2) years.
(h) Relief from a firearm disability granted under this section has no effect on the loss of civil rights, including firearm rights, for any reason other than the particular adjudication as a mental defective or judicial commitment to a mental institution from which relief is granted.
(i) When the court issues an order granting a petition of relief under subsection (d), the court clerk shall, as soon as practicable but no later than thirty (30) days after issuance, forward a copy of the order to the Tennessee bureau of investigation (TBI). The TBI, upon receipt of the order, shall:
1. (1) Immediately forward a copy of the order to the department of safety;
2. (2) Update the National Instant Criminal Background Check System database and transmit the corrected records to the federal bureau of investigation; and
3. (3) Remove and destroy all records relating to the petition for relief from any database over which the TBI exercises control.
(j) The TBI and the department of safety shall not use or permit the use of the records or information obtained or retained pursuant to this section for any purpose not specified in this section.

History (2)

Acts 2015, ch. 459, § 4
2024, ch. 784, § 9.

Part 2 Transfer of Probate Jurisdiction to Chancery Court

§ 16-16-201. Probate jurisdiction and administration of estates in chancery court.

(a) In all counties where not otherwise specifically provided by public, private, special or local acts, all jurisdiction relating to the probate of wills and the administration of estates of every nature, including the estates of decedents and of wards under guardianships or conservatorships and related matters previously vested in the county court, the county judge or county chair, is vested in the chancery court of the respective counties. The chancery court in such counties shall have exclusive jurisdiction over the probate of wills and the administration of estates of every nature, including the estates of decedents and of wards under guardianships or conservatorships, and all matters relating thereto, previously vested in the county court.
(b) The clerk and master in such counties shall be authorized and empowered to grant letters of administration and letters testamentary, letters of guardianship and letters of conservatorship, appoint administrators and executors, appoint guardians and conservators, receive and adjudicate all claims, probate wills in common form, determine allowances to the surviving spouse and family of the deceased, preside over the assignment of homestead, preside over proceedings for the elective share, take and state all accounts and settlements, subject to the approval of the chancellor, direct and approve final distributions, and hear and determine all probate matters whether enumerated or not in this subsection (b). The chancellor shall hear all probates in solemn form and may hear such other probate matters as the chancellor may deem proper. All accounts, settlements and final orders of distribution shall be made subject to the approval of the chancellor. All action taken by the clerk and master shall be subject to review by the chancellor by simple motion, petition or the filing of exceptions as may be appropriate.
(c) The court of appeals shall have jurisdiction of appeals from the decisions of the chancery court in such probate matters.
(d) Notwithstanding any private act to the contrary, 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 jurisdiction relating to the probate of wills and the administration of estates of every nature, including the estates of decedents and of wards under guardianships or conservatorships and related matters presently in the court of general sessions shall be transferred to chancery court. On such date, the chancellor 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 in the general sessions or circuit court in such counties shall be transferred to the custody of the clerk and master.

History (6)

Acts 1980, ch. 875, § 1
T.C.A., § 16-1301
Acts 1982, ch. 858, § 1
1985, ch. 140, § 3
2003, ch. 114, § 1
2014, ch. 756, § 2.

§ 16-16-202. Construction of former statutes.

All sections of Tennessee Code Annotated conferring jurisdiction in probate and related matters in the county courts, the county judge or county chair hereafter shall be construed to be applicable to the chancery court in those counties of the state to which this part applies and shall be deemed as amended accordingly. In all other counties the references are to the court having probate jurisdiction.

History (3)

Acts 1980, ch. 875, § 2
T.C.A., § 16-1302
Acts 1993, ch. 241, § 26.

Chapter 17 City Courts In Home Rule Municipalities

§ 16-17-101. Establishment of city courts.

(a) In each home rule municipality that does not have a city court ordained and established by the general assembly, a city court is created to try violations of municipal ordinances. The governing body of the municipality may increase the number of divisions of the court created by this subsection (a).
(b) The governing bodies of all home-rule municipalities may also decrease the number of divisions of city courts by ordinance, but no division shall be eliminated except when a term of a city court judge expires or when a vacancy in the office of city court judge exists.

History (6)

Acts 1972, ch. 778, § 1
T.C.A., § 16-1201
Acts 1994, ch. 712, § 1
2003, ch. 113, § 2
2009, ch. 128, § 1
2019, ch. 420, § 11.

§ 16-17-102. Judges — Appointment and election.

The judge of the city court shall be appointed on the nomination of the mayor and concurred in by the city council or other legislative body, but the appointed judge shall serve only until the next general election, at which time a judge or judges will be elected.

History (4)

Acts 1972, ch. 778, § 2
modified
T.C.A., § 16-1202
Acts 2009, ch. 128, § 2.

§ 16-17-103. [Reserved.]

§ 16-17-104. Increase of divisions — Powers.

In those home rule municipalities that have city courts and whose divisions have been increased by the legislative body, the new divisions have the same power as other divisions and are under the same direction and control as provided in this part and the municipality's charter.

History (3)

Acts 1972, ch. 778, § 4
T.C.A., § 16-1204
Acts 2009, ch. 128, § 3.

§ 16-17-105. Costs — Limitation.

Municipal court costs shall be set and collected in accordance with § 16-18-304, and the litigation tax shall be levied and collected in accordance with § 16-18-305.

History (3)

Acts 1972, ch. 778, § 5
T.C.A., § 16-1205
Acts 2004, ch. 914, § 6(e)(2).

Chapter 18 Municipal Courts — Judges

Part 1 Establishment of Office

§ 16-18-101. Governing body may provide for office of municipal judge.

In any municipality in this state having a mayor's court or a municipal court presided over by the mayor of the municipality or the city recorder of the municipality and having no other provision for a municipal judge for the municipality, the governing body of the municipality is authorized by ordinance to provide for the office of municipal judge.

History (5)

Acts 1973, ch. 330, § 1
1975, ch. 231, § 1
T.C.A., § 17-123
modified
T.C.A., § 17-1-501.

§ 16-18-102. Contents of ordinance.

The ordinance providing for the office of municipal judge shall provide:
1. (1) That the municipal judge is vested with the judicial powers and functions of the mayor or city recorder of such municipality, and is subject to the provisions of law and the municipality's charter governing the mayor's court or the municipal court presided over by the mayor or city recorder;
2. (2) For qualifications of the municipal judge;
3. (3) That the municipal judge shall be appointed by the governing body of the municipality, to serve at the pleasure of the governing body;
4. (4) That vacancies in the office shall be filled for the unexpired term by the governing body;
5. (5) For oath of office and bonding of the municipal judge before entering upon the duties of this office;
6. (6) That the cost of making the bond of the municipal judge shall be paid by the municipality;
7. (7) That the salary of the municipal judge shall be fixed by the governing body before the municipal judge's appointment, and shall not be altered during the municipal judge's term of service; and
8. (8) For the designation of a person to serve as judge during the absence or disability of the municipal judge.

History (5)

Acts 1973, ch. 330, §§ 1, 2
1975, ch. 231, § 1
T.C.A., § 17-123
modified
T.C.A., § 17-1-502.

Part 2 Popularly Elected City Judges

§ 16-18-201. Ordinances — Election.

Any incorporated city or town may by ordinance provide for the election of a city judge or judges by popular vote. The popular election of the judge or judges may be an alternative to the method provided in the charter or applicable general law provisions or in addition to that method, with one (1) or more judges being chosen under charter or applicable general law provisions and one (1) or more being chosen by popular vote pursuant to this part. In the election for city judge, only qualified voters of the city or town may vote.

History (1)

Acts 1993, ch. 115, § 1.

§ 16-18-202. Qualifications.

Any city judge elected by popular vote must meet the requirements established in Tenn. Const. art. VI, § 4 for judges of inferior courts.

History (1)

Acts 1993, ch. 115, § 1.

§ 16-18-203. Term of office.

The term of office of the city judge elected pursuant to this part shall be eight (8) years, except for any initial term that may be shorter. Once the ordinance is adopted providing for the popularly elected judge, the municipal governing body may appoint a qualified person to serve in that position until the next regular August general state election. The first city judge popularly elected pursuant to this part shall be elected at the next regular August general state election that takes place at least thirty (30) days after the ordinance is passed calling for the judge's election. The person elected at this election shall serve only until replaced by a successor to be chosen at the next regular judicial election held in accordance with the Constitution of Tennessee, Article VII, § 5. All subsequent elections for city judge pursuant to this part shall be held in accordance with the Constitution of Tennessee, Article VII, § 5.

History (1)

Acts 1993, ch. 115, § 1.

§ 16-18-204. Vacancies.

A vacancy in the office of the popularly elected city judge shall be filled by appointment by the governing body. The person appointed, however, may serve only until the next regular August general state election. At this election, a person shall be elected to serve any unexpired term if the full term is not to be filled at the election. In the temporary absence or inability of the city judge, the governing body shall appoint a qualified person to serve until the judge's return.

History (1)

Acts 1993, ch. 115, § 1.

§ 16-18-205. Salary.

(a) The salary of the popularly elected city judge shall be established in one (1) of the following ways:
1. (1) The salary may be fixed by the governing body by ordinance or resolution prior to the term of office and shall not be increased nor diminished during the term;
2. (2)
  1. (A) The salary shall be set in private act or general law charter provisions or other general law provisions applicable to the particular city or town. Present salary provisions in charters that are applicable to nonpopularly elected city judges may be used for popularly elected judges, and may be amended from time to time as long as the salary is neither increased nor diminished during the term of office;
  2. (B) If there is no charter or general law provision applicable to the particular city or town setting the city judge's salary, the salary of the popularly elected judge shall be as follows:
    1. Municipalities with a populationof 100,000 or more $2,000 per month.
    2. Municipalities with a populationof 25,000 to 99,9991,000 per month.
    3. Municipalities with a populationless than 25,000500 per month;
  3. (C) All populations shall be as determined by the latest federal census. This salary shall prevail until a different one is set for the city or town by charter or general law. This salary, however, may not be increased nor diminished during a term of office. The salary of the popularly elected city judge shall be paid monthly from the general fund of the city or town.
(b) Except as otherwise provided in this section relative to the salary of the popularly elected judge, the city governing body shall set the annual budget of the city court.

History (1)

Acts 1993, ch. 115, § 1.

§ 16-18-206. [Reserved.]

§ 16-18-207. City court clerk — Election — Term of office — Duties — Removal — Vacancies.

(a) The municipal governing body may by ordinance require the city court clerk serving the popularly elected city judge to be elected by the voters of the city or town for a term of four (4) years. The elected clerk may be an alternative or in addition to the court clerk provided for by charter. The initial term may be a transitional term established by ordinance to make the clerk's election coincide at every other election with the election of the city judge. The elected clerk shall perform the duties set out in the charter and ordinances of the city or town for the city court clerk.
(b) The elected clerk may be removed by the city judge:
1. (1) Upon conviction of a misdemeanor in office or of a felony;
2. (2) For failing to give security as required by law or ordinance;
3. (3) For failing to pay over public moneys or moneys collected officially;
4. (4) For incapacity, neglect of duty or misbehavior in office; or
5. (5) For any other cause to which the penalty of removal is attached by law.
(c) A vacancy in the office of the elected city court clerk may be filled temporarily by appointment by the city judge until the next regular municipal or general election. At this election, a person shall be elected to serve any unexpired term if the full term is not to be filled at the election.
(d) If a city or town chooses to have an elected clerk but does not wish to elect a city court clerk specifically for the city or town, the clerk of the general sessions court in the county may by agreement with the city or town serve as the clerk of the city court.

History (1)

Acts 1993, ch. 115, § 1.

Part 3 Municipal Court Reform Act

§ 16-18-301. Short title — Construction of terms.

(a) This part shall be known and may be cited as the “Municipal Court Reform Act of 2004.”
(b) As used in this part:
1. (1) “Any law to the contrary” includes, but is not limited to, any conflicting provision of any general statute, local law, private act, charter provision, municipal law or municipal ordinance; and
2. (2) “Municipal court” includes the city, town, mayor's, recorder's or municipal court, or other similarly functioning court, however designated, for any city, town, municipality or metropolitan government, whether the court exists pursuant to general statute, local law, private act, charter provision, municipal law, municipal ordinance or other legal authorization.

History (1)

Acts 2004, ch. 914, § 1.

§ 16-18-302. Jurisdiction of municipal courts.

(a) For any municipality that does not have, on May 5, 2009, a municipal court that was ordained and established by the general assembly, a municipal court is created to be presided over by a city judge. Notwithstanding any law to the contrary:
1. (1) A municipal court possesses jurisdiction in and over cases:
  1. (A) For violation of the laws and ordinances of the municipality; or
  2. (B) Arising under the laws and ordinances of the municipality; and
2. (2) A municipal court also possesses jurisdiction to enforce any municipal law or ordinance that mirrors, substantially duplicates or incorporates by cross-reference the language of a state criminal statute, if and only if the state criminal statute mirrored, duplicated or cross-referenced is a Class C misdemeanor and the maximum penalty prescribed by municipal law or ordinance is a civil fine not in excess of fifty dollars ($50.00).
3. (3)
  1. (A) A municipal court has jurisdiction over the expunction of a conviction for a violation of a municipal ordinance from a person's public record in the municipal court upon the person's petition requesting removal of a public record of a violation of a municipal ordinance.
  2. (B) The court may grant the petition if:
    1. (i) The petition satisfactorily demonstrates to the court that the petitioner merits such relief;
    2. (ii) At the time of the filing of the petition, at least one hundred eighty (180) days have elapsed since the completion of the penalty imposed for the ordinance violation; and
    3. (iii) The person has fulfilled all requirements of the judgment imposed by the court for the conviction, including payment of all fines, court costs, and other assessments.
  3. (C) As used in this subdivision (a)(3), “public record” has the same meaning as in § 40-32-101(b).
  4. (D) The municipal court clerk may charge a fee for the expunction of public records pursuant to this subdivision (a)(3). The fee for expunction of a public record in municipal court must be set by municipal law or ordinance.
  5. (E) A municipal court's jurisdiction under this subdivision (a)(3):
    1. (i) Is limited to the records in that municipal court; and
    2. (ii) Does not include records of the department of safety relating to driver records or the driver improvement program established in § 55-50-505.
Backlinks (1)
- 16-18-307
(b) Notwithstanding subdivision (a)(2) or any other law to the contrary, in any municipality having a population in excess of one hundred fifty thousand (150,000), according to the 2000 federal census or any subsequent federal census, a municipal court also possesses jurisdiction to enforce any municipal law or ordinance that mirrors, substantially duplicates or incorporates by cross-reference the language of any of the following state criminal statutes relative to:
1. (1) The offense of operating a motor vehicle without a valid driver license, § 55-50-301;
2. (2) The Class B misdemeanor offense of reckless driving, § 55-10-205;
3. (3) The Class A misdemeanor offenses of underage purchasing, possession, transportation or consumption of alcoholic beverages, wine or beer, § 1-3-113(b);
4. (4) The Class A misdemeanor offenses of underage consumption, possession or transportation of beer or any intoxicating liquor, § 57-3-412(a)(3);
5. (5) The Class A misdemeanor offenses of underage purchasing or attempting to purchase any alcoholic beverage, § 57-3-412(a)(5);
6. (6) The Class A misdemeanor offenses of underage purchasing, attempting to purchase or possession of any alcoholic beverages, § 57-4-203(b)(2);
7. (7) The Class A misdemeanor offenses of underage purchasing or attempting to purchase beer or alcoholic beverages, § 57-5-301(d); or
8. (8) The Class A misdemeanor offenses of underage possession or transportation of beer, § 57-5-301(e).
(c) Notwithstanding any law to the contrary, in addition to jurisdiction authorized pursuant to subsection (a) or (b), a municipal court may also exercise concurrent jurisdiction with the court of general sessions if, and only if:
1. (1) The municipal court possessed and exercised such concurrent general sessions jurisdiction continuously on and before May 11, 2003; or
2. (2) After May 12, 2003, concurrent general sessions jurisdiction is duly conferred upon the municipal court in accordance with the procedures and requirements set forth in § 16-18-311.
(d) Notwithstanding any law to the contrary, a municipal court may exercise no jurisdiction other than the jurisdiction authorized by this section; provided, however, that this section shall not be construed to impair or in any way restrict the authority of a juvenile judge to waive jurisdiction over any cases or class of cases of alleged traffic violations, as authorized pursuant to § 37-1-146, or the authority of a municipal court to receive and dispose of such cases or classes of cases of alleged traffic violations.

History (4)

Acts 2004, ch. 914, § 2
2006, ch. 1004, § 1
2009, ch. 144, § 1
2023, ch. 356, § 1.

§ 16-18-302. Jurisdiction of municipal courts. [Effective until July 1, 2023. See the version effective on July 1, 2023.]

(a) For any municipality that does not have, on May 5, 2009, a municipal court that was ordained and established by the general assembly, a municipal court is created to be presided over by a city judge. Notwithstanding any law to the contrary:
1. (1) A municipal court possesses jurisdiction in and over cases:
  1. (A) For violation of the laws and ordinances of the municipality; or
  2. (B) Arising under the laws and ordinances of the municipality; and
2. (2) A municipal court also possesses jurisdiction to enforce any municipal law or ordinance that mirrors, substantially duplicates or incorporates by cross-reference the language of a state criminal statute, if and only if the state criminal statute mirrored, duplicated or cross-referenced is a Class C misdemeanor and the maximum penalty prescribed by municipal law or ordinance is a civil fine not in excess of fifty dollars ($50.00).
Backlinks (1)
- 16-18-307
(b) Notwithstanding subdivision (a)(2) or any other law to the contrary, in any municipality having a population in excess of one hundred fifty thousand (150,000), according to the 2000 federal census or any subsequent federal census, a municipal court also possesses jurisdiction to enforce any municipal law or ordinance that mirrors, substantially duplicates or incorporates by cross-reference the language of any of the following state criminal statutes relative to:
1. (1) The offense of operating a motor vehicle without a valid driver license, § 55-50-301;
2. (2) The Class B misdemeanor offense of reckless driving, § 55-10-205;
3. (3) The Class A misdemeanor offenses of underage purchasing, possession, transportation or consumption of alcoholic beverages, wine or beer, § 1-3-113(b);
4. (4) The Class A misdemeanor offenses of underage consumption, possession or transportation of beer or any intoxicating liquor, § 57-3-412(a)(3);
5. (5) The Class A misdemeanor offenses of underage purchasing or attempting to purchase any alcoholic beverage, § 57-3-412(a)(5);
6. (6) The Class A misdemeanor offenses of underage purchasing, attempting to purchase or possession of any alcoholic beverages, § 57-4-203(b)(2);
7. (7) The Class A misdemeanor offenses of underage purchasing or attempting to purchase beer or alcoholic beverages, § 57-5-301(d); or
8. (8) The Class A misdemeanor offenses of underage possession or transportation of beer, § 57-5-301(e).
(c) Notwithstanding any law to the contrary, in addition to jurisdiction authorized pursuant to subsection (a) or (b), a municipal court may also exercise concurrent jurisdiction with the court of general sessions if, and only if:
1. (1) The municipal court possessed and exercised such concurrent general sessions jurisdiction continuously on and before May 11, 2003; or
2. (2) After May 12, 2003, concurrent general sessions jurisdiction is duly conferred upon the municipal court in accordance with the procedures and requirements set forth in § 16-18-311.
(d) Notwithstanding any law to the contrary, a municipal court may exercise no jurisdiction other than the jurisdiction authorized by this section; provided, however, that this section shall not be construed to impair or in any way restrict the authority of a juvenile judge to waive jurisdiction over any cases or class of cases of alleged traffic violations, as authorized pursuant to § 37-1-146, or the authority of a municipal court to receive and dispose of such cases or classes of cases of alleged traffic violations.

History (3)

Acts 2004, ch. 914, § 2
2006, ch. 1004, § 1
2009, ch. 144, § 1.

§ 16-18-303. Administration of oaths.

Notwithstanding any law to the contrary, every popularly elected or appointed judge of a municipal court is authorized to administer oaths.

History (1)

Acts 2004, ch. 914, § 2.

§ 16-18-304. Court costs as prescribed by municipal law or ordinance — Allocation of fees — Training and continuing education for judges and clerks — Fees when exercising concurrent general sessions court jurisdiction.

(a) Notwithstanding any law to the contrary, municipal court costs shall be set and collected in the amount prescribed by municipal law or ordinance. From such amount, one dollar ($1.00) shall be forwarded by the municipal court clerk to the state treasurer for deposit and shall be credited to the account for the administrative office of the courts (AOC) for the sole purpose of defraying the administrative director's expenses in providing training and continuing education courses for municipal court judges and municipal court clerks. The AOC shall allocate fifty percent (50%) of such funds exclusively for the purpose of providing training and continuing education for municipal court clerks. The AOC is authorized to contract with qualified persons, entities or organizations in order to provide required training or continuing education for municipal court judges. The AOC shall contract with the municipal technical advisory service of the University of Tennessee institute for public service in order to provide required training or continuing education for municipal court clerks and may contract with other qualified persons, entities or organizations to provide additional or alternate training to municipal court clerks.
Backlinks (1)
- 17-3-301(d)(2)
(b) Notwithstanding any law to the contrary, to the extent that a municipal court is exercising its duly conferred, concurrent general sessions court jurisdiction in a given case, this section does not apply and costs in such case shall be assessed, collected and distributed in the same manner as such costs are assessed, collected and distributed in the court of general sessions.

Backlinks (3)

History (1)

Acts 2004, ch. 914, § 2.

§ 16-18-305. Levy of state privilege tax on litigation — Collection — Liability for failure to collect or disburse tax — Tax when exercising concurrent general sessions court jurisdiction.

(a) Notwithstanding § 67-4-602, or any other law to the contrary, there is levied a state privilege tax on litigation of thirteen dollars and seventy-five cents ($13.75) in all cases in a municipal court. All taxes levied pursuant to this subsection (a) shall be collected in accordance with § 67-4-603 and shall be paid into the state treasury and allocated in accordance with § 67-4-606.
(b) There is also levied a state privilege tax on litigation of one dollar ($1.00) for each and every violation of any municipal law or ordinance governing use of a public parking space. The tax is due and shall be collected even if the offender does not appear before the court. Notwithstanding this section or any other law to the contrary, the only litigation privilege tax collected for a violation of any municipal law or ordinance governing the use of a public parking space shall be the one dollar ($1.00) litigation tax levied by this subsection (b). The revenue generated by the privilege tax levied by this subsection (b) shall be apportioned in accordance with § 67-4-606.
(c) Notwithstanding § 67-4-602, or any other law to the contrary, no other state privilege tax on litigation shall be levied or collected with respect to litigation in a municipal court; provided, however, that this section shall not be construed to repeal existing authority for the levy of a municipal litigation tax, nor shall this section be construed to grant new authority for the levy of a municipal litigation tax.
(d) Any state privilege tax imposed pursuant to this section that the clerk of the court fails to collect and pay over to the department of revenue shall be a debt of the clerk. Any clerk of the court failing or refusing to collect and pay over to the department state litigation taxes imposed pursuant to this section shall be liable for the taxes and the clerk's official bondsman shall also be liable for the taxes, and the commissioner or the commissioner's delegate may collect the amount of the tax from the clerk or the clerk's official bondsman pursuant to title 67, chapter 1, part 14.
(e) Notwithstanding any law to the contrary, to the extent that a municipal court is exercising its duly conferred concurrent general sessions jurisdiction in a given case, this section does not apply and litigation taxes in the case shall be levied and collected in the same manner as taxes are levied and collected in the general sessions court.
(f) For receiving and paying over all privilege taxes on litigation, the clerk of a municipal court is entitled to a commission of two percent (2%).

Backlinks (4)

History (2)

Acts 2004, ch. 914, § 2
2005, ch. 429, §§ 20, 27.

§ 16-18-306. Fine for contempt of municipal court.

Notwithstanding any law to the contrary, contempt of a municipal court shall be punishable by fine in the amount of fifty dollars ($50.00), or such lesser amount as may be imposed in the judge's discretion.

Backlinks (2)

History (1)

Acts 2004, ch. 914, § 2.

§ 16-18-307. Appeal of municipal court judgment — Bond.

Notwithstanding any law to the contrary, any person dissatisfied with the judgment of a municipal court, in any case or cases heard and determined by the court acting pursuant to § 16-18-302(a), may, within ten (10) days thereafter, Sundays exclusive, appeal to the circuit court of the county, upon giving bond in the amount of two hundred fifty dollars ($250) for the person's appearance and the faithful prosecution of the appeal. As used in this section, person includes, but is not limited to, a natural person, corporation, business entity or the municipality.

History (1)

Acts 2004, ch. 914, § 2.

§ 16-18-308. Concurrent holding of any other office or employment.

(a) Notwithstanding any law to the contrary, a judge of a municipal court may not concurrently hold any other office or employment with the municipality. This section does not apply to any municipal official or employee who, on March 1, 2005, concurrently holds office as judge of the municipal court; provided, however, that if the official or employee either discontinues service as a municipal official or employee or discontinues service as judge of the municipal court, then the exemption granted by this section no longer applies.
(b) Notwithstanding the provisions of subsection (a) to the contrary, if a municipal charter provides that the person who serves as judge of the municipal court shall also serve as the recorder for the municipality, then the person may concurrently hold both offices.

History (2)

Acts 2004, ch. 914, § 2
2009, ch. 505, § 1.

§ 16-18-309. Training and continuing education.

(a)
1. (1) Except as otherwise provided in subdivision (a)(4), each calendar year, the judge of each municipal court must attend at least three (3) hours of training or continuing education courses provided by, through or with approval of the administrative office of the courts (AOC) and must certify attendance to the administrative director. The three (3) hours of training or continuing education required by this subsection (a) shall consist of material specifically designed for municipal court judges and for training the judges concerning the issues, procedures and new developments relevant to the judges. General legal training or continuing legal education shall not be sufficient to satisfy the requirement. If a municipal court judge fails to timely comply with such requirements, then the judge shall be extended a six (6) month grace period in order to achieve compliance; provided, however, that training obtained to satisfy requirements for the preceding calendar year shall not also be used to satisfy requirements for the current calendar year. The failure of the judge to achieve compliance prior to conclusion of the six (6) month grace period shall render all subsequent judgments of the judge null and void and of no effect, until such time as the requirements are met. The training and continuing education courses may be offered by the AOC in conjunction with the annual meeting of the Tennessee municipal judges’ conference held in accordance with § 17-3-301(c).
2. (2) Each municipal judge shall be compensated and reimbursed for attending required training or continuing education in accordance with the travel policy of the municipality.
3. (3) If a municipal court judge attends more than three (3) hours of qualifying training or continuing education in a calendar year, the hours in excess of three (3) hours may be carried over for one (1) calendar year.
4. (4) If the judge of a municipal court is authorized to practice law in the courts of this state, and if the judge satisfies the annual continuing legal education requirements for practicing attorneys and three (3) of the hours completed in satisfying the continuing legal education requirements are training or continuing education courses required by subdivision (a)(1), then the judge shall not be required to complete three (3) additional hours of training or continuing education courses required by subdivision (a)(1). By March 1 following the year for which the requirements are met, the judge shall submit to the administrative office of the courts a copy of the statement of compliance issued by the commission on continuing legal education verifying the number of continuing legal education hours completed for such year.
(b)
1. (1) Each calendar year, the clerk of each municipal court must attend at least three (3) hours of training or continuing education courses provided by, through or with approval of the AOC and must certify attendance to the administrative director; provided, however, that such attendance requirements do not apply to any municipal clerk who is required to be certified pursuant to § 6-54-120.
2. (2) Each municipal court clerk shall be compensated and reimbursed for attending required training and continuing education in accordance with the travel policy of the municipality.

History (3)

Acts 2004, ch. 914, § 2
2006, ch. 1004, §§ 3, 4
2009, ch. 505, §§ 2, 3.

§ 16-18-310. Clerk of municipal court — Conviction notification to Tennessee bureau of investigation.

(a) Notwithstanding any law to the contrary, at all times there shall be a person elected, appointed or otherwise designated to serve as clerk of the municipal court. Immediately upon each such election, appointment or designation, the chief administrative officer of the municipality shall promptly certify the results of the election, appointment or designation to the administrative office of the courts and shall supply such additional information concerning the clerk as required by the administrative director.
(b) Notwithstanding any law to the contrary, the clerk of the municipal court shall maintain an accurate and detailed record and summary report of all financial transactions and affairs of the court. The record and report shall accurately reflect all disposed cases, assessments, collections, suspensions, waivers and transmittals of litigation taxes, court costs, forfeitures, fines, fees and any other receipts and disbursements. An audit of the financial records and transactions of the municipal court shall be made each year as part of any audit performed pursuant to § 6-56-105.
(c) The clerk of the municipal court, when exercising concurrent general sessions court jurisdiction, shall 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 three (3) business days after final disposition of the criminal proceedings.

History (4)

Acts 2004, ch. 914, § 2
2022, ch. 716, § 2
2023 (1st. Ex. Sess.), ch. 2, § 5
2024, ch. 554, § 3.

§ 16-18-311. Compliance with the procedures and requirements for concurrent general sessions jurisdiction — Feasibility study committee to determine need of additional court to exercise general sessions jurisdiction.

(a)
1. (1) Notwithstanding any law to the contrary, on or after May 12, 2003, concurrent general sessions jurisdiction shall be newly conferred upon an existing or newly created municipal court only in compliance with the procedures and requirements set forth in this section.
2. (2) A majority of the total membership of the municipal legislative body must vote in favor of seeking concurrent general sessions jurisdiction for an existing or newly created municipal court.
3. (3) The municipal legislative body must notify, by petition, the county legislative body of the municipality's intention to seek concurrent general sessions jurisdiction for the municipal court.
4. (4) The petition must contain the following:
  1. (A) A plan for an adequate and secure courtroom;
  2. (B) Agreement to comply with state mandated technical computer support comparable with the Tennessee court information system (TnCIS) program specifications and requirements;
  3. (C) Agreement to comply with state laws governing general sessions court litigation taxes, costs, fees and assessments and to legally remit such items to the state department of revenue or to the county government, if appropriate; and
  4. (D) Agreement to comply with state laws subjecting the financial transactions of the court to annual public audits.
5. (5) The municipal legislative body and the county legislative body must appoint a feasibility study committee. The membership of the committee shall consist of the county mayor, the municipal mayor, one (1) member of the municipal legislative body, one (1) member of the county legislative body, the district attorney general who serves the county and the district public defender who serves the county. The membership of the committee shall also consist of three (3) members appointed by the municipal legislative body from the following list: the chief of police, the city recorder/clerk, the city judge, the city attorney, and one (1) citizen member. The membership of the committee shall also consist of three (3) members appointed by the county legislative body from the following list: the sheriff who serves the county, a general sessions judge who serves the county, the general sessions court clerk, the county attorney, and one (1) citizen member.
6. (6) The feasibility study committee shall determine whether the county requires an additional court to exercise general sessions jurisdiction. In making the determination, the committee shall consider and evaluate the following factors:
  1. (A) The economic, administrative and personnel impact of the proposal upon the existing general sessions court;
  2. (B) The impact of the proposal upon existing judicial services and law enforcement resources;
  3. (C) The extent, if any, to which the proposed plan is necessary to promote and ensure the efficient administration of justice in relation to county and municipal populations, county population density, geographic logistics and distances, caseloads, the number of judges, and the current caseload burden on the existing system;
  4. (D) The plan's provision of adequate secure and comparable courtroom facilities for the hearing of cases in that location;
  5. (E) The extent, if any, to which the proposed plan would unduly burden the existing staffs of the district attorney general or district public defender and the extent, if any, to which the plan proposes adequate funding for additional staff requirements; and
  6. (F) The extent, if any, to which the proposed plan would provide for compliance with state mandated technical computer support.
7. (7) By majority vote of its total membership, the feasibility study committee must agree upon written findings and recommendations and must submit the findings and recommendations to the municipal legislative body and to the county legislative body. The findings and recommendations must include one of the following alternatives:
  1. (A) There is a clearly demonstrated need for a new general sessions court in the county, and the court would best be administered by the county;
  2. (B) There is a clearly demonstrated need for a new general sessions court in the county, and the court would best be administered by the municipality, either as a new or existing municipal court with concurrent general sessions jurisdiction; or
  3. (C) There is no clearly demonstrated need, at the time, for any of the alternatives set forth in subdivisions (a)(7)(A) and (B).
8. (8) If the feasibility study committee determines that there is no clearly demonstrated need for any of the alternatives set forth in subdivisions (a)(7)(A) and (B), then for one (1) year thereafter, neither the county nor the municipality may pursue further implementation of any of the alternatives set forth in subdivision (a)(7)(A) or (a)(7)(B). After passage of one (1) year, if the majority of the total membership of the municipal legislative body again votes in favor of seeking concurrent general sessions jurisdiction for an existing or newly created municipal court, then a petition must again be submitted to the county legislative body and the procedures set forth in this section must again be followed.
9. (9) If the feasibility study committee recommends any one (1) of the findings set forth in subdivision (a)(7)(A) or (a)(7)(B), and if the county wishes to pursue creation of a new general sessions court in the county or if the municipality wishes to pursue extension of concurrent general sessions jurisdiction to a newly created or existing municipal court, then the county or municipality, as appropriate, shall:
  1. (A) Submit the written findings and recommendations of the feasibility study committee to the judiciary committee of the senate and the civil justice committee of the house of representatives; and
  2. (B) Cause legislation to be timely introduced for consideration by the general assembly.
(b) Notwithstanding any law to the contrary, any legislation proposed to create a new general sessions court or to create a new municipal court with concurrent general sessions jurisdiction or to confer concurrent general sessions jurisdiction on an existing municipal court must be approved by a majority of the total membership of the judiciary committee of the senate prior to passage by the senate and must be approved by a majority of the total membership of the civil justice committee of the house of representatives prior to passage by the house of representatives.
(c) Notwithstanding any law to the contrary, if a municipality is located in two (2) or more counties of this state, then, as used in this section, “county” means the county of this state containing the largest geographical portion of the municipality.

Backlinks (2)

History (5)

Acts 2004, ch. 914, § 2
2013, ch. 236, § 32
2019, ch. 345, § 22
2019, ch. 420, § 12
2021, ch. 64, § 14.

§ 16-18-312. Special substitute judges — Sitting by interchange for other judges.

(a) If a municipal judge is unable to preside over municipal court for any reason, then a special substitute municipal judge shall be determined pursuant to an ordinance of the governing body of such municipal court. In the absence of such an ordinance, then the municipal judge may designate in writing, to be filed with the clerk of the municipal court, the name of a special substitute judge to hold court in the municipal judge's place and stead. The special substitute judge must meet the qualifications of a municipal judge and the special substitute judge shall take the same oath and have the same authority as the regular municipal judge to hold court for the occasion. Such appointment of a special substitute judge is effective for no more than thirty (30) days, after which a new appointment is required.
(b) Municipal court judges and general sessions court judges are empowered to sit by interchange for other municipal court judges.

History (2)

Acts 2006, ch. 1004, § 5
2019, ch. 72, § 1.

Chapter 19 Mental Health Treatment Act of 2022

§ 16-19-101. Short title.

This chapter is known and may be cited as the “Mental Health Treatment Act of 2022.”

History (1)

Acts 2022, ch. 1071, § 1.

§ 16-19-102. Legislative intent.

(a) It is the intent of the general assembly through this chapter to create programs to facilitate the implementation of new, and the continuation of existing, mental health treatment court programs in all counties within this state.
(b) The goals of the mental health treatment court programs created under this chapter include the following:
1. (1) To reduce the use of jail and prison beds and other correctional services by offenders with mental health disorders by diverting them into treatment programs;
2. (2) To improve court efficiency by substituting a problem-solving model for traditional criminal court processing and linking defendants to effective treatment and supports for mental illness;
3. (3) To improve the quality of life of people with severe and persistent mental illnesses and increase their participation in effective treatment;
4. (4) To promote the public safety by reducing the incidence of crimes committed as a result of mental health disorders; and
5. (5) To promote effective interaction and the use of resources among local criminal justice agencies and community agencies.

Backlinks (1)

16-19-105(a)(1)

History (1)

Acts 2022, ch. 1071, § 1.

§ 16-19-103. Definitions.

As used in this chapter:
1. (1) “Nonadversarial approach” means that the district attorney general and the defense attorney work together for the benefit of the mental health treatment program participants and the mental health treatment court program;
2. (2) “Severe and persistent mental illness” means a diagnosis of one (1) or more qualifying mental illnesses or disorders, which shall be determined by the department of mental health and substance abuse services;
3. (3) “Sexual offender” means any person who has been convicted of or charged with a sexual offense or violent sexual offense as those terms are defined in § 40-39-202; and
4. (4) “Violent offender” means a person who has been convicted of or charged with an offense, during the course of which there occurred the death of or serious bodily injury to any person.

History (1)

Acts 2022, ch. 1071, § 1.

§ 16-19-104. No right of treatment conferred — Operation.

(a) This chapter creates mental health treatment court programs within the state that follows the general principles referenced in § 16-19-107 and that is approved by the department of mental health and substance abuse and established by the judge of a court in this state exercising criminal jurisdiction.
(b) This chapter does not confer a right or an expectation of a right to treatment for an offender within the criminal justice system.
(c) A recovery court program, including but not limited to, a veterans treatment court program or a drug court treatment program, shall operate separate and apart from a mental health treatment court program.

History (1)

Acts 2022, ch. 1071, § 1.

§ 16-19-105. Administration by the department of mental health and substance abuse services.

(a) The department of mental health and substance abuse services shall administer mental health treatment court programs by:
1. (1) Defining, developing, and gathering outcome measures for mental health treatment court programs relating to the purposes and goals in § 16-19-102;
2. (2) Collecting, reporting, and disseminating mental health treatment court program data;
3. (3) Supporting a state mental health treatment mentor program;
4. (4) Sponsoring and coordinating mental health treatment court program training;
5. (5) Administering and evaluating mental health treatment court programs; and
6. (6) Developing standards of operation for mental health treatment court programs to ensure that funds are allocated to meet the greatest need.
(b) In accomplishing the tasks listed in subsection (a), the department shall consult and collaborate with the Tennessee district attorney general's conference and the public defenders conference.

History (1)

Acts 2022, ch. 1071, § 1.

§ 16-19-106. Funding.

(a) A court exercising criminal jurisdiction within this state or an existing drug court treatment program or a veterans treatment court program created by a court exercising criminal jurisdiction may apply for mental health treatment court program grant funds. If the department of mental health and substance abuse services determines that the court is able to administer a mental health treatment court program, then the department shall award the court grant money to fund a mental health treatment court program.
(b) If the department determines that a court is able to administer a mental health treatment court program and grant money is awarded pursuant to subsection (a), then the county in which the court resides shall provide a courtroom and a judge for the mental health treatment court program and all necessary supplies and equipment for the maintenance of the court, and shall defray the expenses thereof from the general fund of the county.
(c) Funds allocated pursuant to this section may be used to:
1. (1) Fund a full-time or part-time program director position;
2. (2) Fund treatment court program staff whose job duties are directly related to program operations;
3. (3) Fund mental health treatment and other direct services for court program participants; and
4. (4) Fund program costs directly related to program operations.
(d) Funds allocated pursuant to this section shall not be used:
1. (1) To pay for costs not directly related to mental health treatment court program operations;
2. (2) To pay for additional judges to preside over a mental health treatment court program;
3. (3) For construction or land acquisition;
4. (4) To pay bonuses or commissions to any individuals or organizations; or
5. (5) To form a corporation.

History (1)

Acts 2022, ch. 1071, § 1.

§ 16-19-107. Guiding principles.

All mental health treatment court programs in this state must be established and operate according to the following principles:
1. (1) The community and a broad-based group of stakeholders representing the criminal justice system, mental health, substance abuse treatment, and related systems guide the planning and administration of the mental health treatment court programs;
2. (2) Eligibility criteria are established to:
  1. (A) Address public safety and consider a community's treatment capacity, in addition to the availability of alternatives to pretrial detention for defendants with severe and persistent mental illnesses; and
  2. (B) Take into account the relationship between mental illness and a defendant's offenses, while allowing the individual circumstances of each case to be considered;
3. (3) Participants are identified, referred, and accepted into mental health treatment court programs, and then linked to community-based service providers as quickly as possible;
4. (4) Terms of participation are clear, promote public safety, facilitate the defendant's engagement in treatment, are individualized to correspond to the level of risk that the defendant presents to the community, and provide for positive legal outcomes for those individuals who successfully complete the program;
5. (5) Defendants fully understand the program requirements before agreeing to participate in a mental health treatment court program. Defendants are provided legal counsel to inform their decision concerning participation and subsequent decisions about program involvement. Mental health treatment court programs must use a nonadversarial approach. Disagreements between a district attorney general and defense attorney are resolved prior to court and not in the presence of the participants. Procedures exist in the mental health treatment court to address, in a timely fashion, concerns about a defendant's competency if those concerns arise;
6. (6) Mental health treatment court programs:
  1. (A) Connect participants to comprehensive and individualized treatment supports and services in the community; and
  2. (B) Strive to use, and increase the availability of, evidence-based treatment and services;
7. (7) Health and legal information is shared in a way that protects potential participants' confidentiality rights as mental health consumers and their constitutional rights as defendants. Information gathered as part of the participants' court-ordered treatment program or services is safeguarded in the event that participants are returned to traditional court processing;
8. (8) A team of criminal justice and mental health staff and service and treatment providers receive special, ongoing training and help mental health treatment court participants achieve treatment and criminal justice goals by regularly reviewing and revising the court process;
9. (9) Criminal justice and mental health staff collaboratively monitor participants' adherence to court conditions, offer individualized graduated incentives and sanctions, and modify treatment as necessary to promote public safety and participants' recovery; and
10. (10) Data is collected and analyzed to demonstrate the impact of the mental health treatment court program, the mental health treatment court program's performance is assessed periodically, the mental health treatment court program's procedures are modified based on the results of the periodic performance assessments, the mental health treatment court program's processes are institutionalized, and support for the mental health treatment court program in the community is cultivated and expanded.

Backlinks (1)

16-19-104(a)

History (1)

Acts 2022, ch. 1071, § 1.

§ 16-19-108. Mental health treatment court program participants.

Each participant in a mental health treatment court program:
1. (1) Shall not be a violent offender or sexual offender;
2. (2) Must have a diagnosis of a severe and persistent mental illness; and
3. (3) Must be willing to participate in the program.

History (1)

Acts 2022, ch. 1071, § 1.

Chapter 20 The Victim-Offender Mediation Center

§ 16-20-101. Legislative findings and intent.

(a) The general assembly finds and declares that:
1. (1) The resolution of felony, misdemeanor and juvenile delinquent disputes can be costly and complex in a judicial setting where the parties involved are necessarily in an adversarial posture and subject to formalized procedures; and
2. (2) Victim-offender mediation centers can meet the needs of the state's citizens by providing forums in which persons may voluntarily participate in the resolution of disputes in an informal and less adversarial atmosphere.
(b) It is the intent of the general assembly that programs established pursuant to this chapter:
1. (1) Stimulate the establishment and use of victim-offender mediation centers to help meet the need for alternatives to the courts for the resolution of certain disputes;
2. (2) Encourage continuing community participation in the development, administration and oversight of local programs designed to facilitate the informal resolution of disputes between and among members of the community;
3. (3) Offer structures for dispute resolution that may serve as models for centers in other communities; and
4. (4) Serve a specific community or locale and resolve disputes that arise within that community or locale.

History (1)

Acts 1993, ch. 420, § 1.

§ 16-20-102. Operation by a corporation.

(a) A victim-offender mediation center may be created and operated by a corporation organized to resolve disputes. The corporation shall not be organized for profit and no part of the net earnings may inure to the benefit of any private shareholders or individuals. The majority of the directors of the corporation shall not consist of members of any single profession.
(b) To be eligible for funds under this chapter, a center must do the following:
1. (1) Comply with this chapter and the rules adopted by the supreme court of Tennessee;
2. (2) Provide neutral mediators who have received training in conflict resolution techniques in accordance with rules of the supreme court;
3. (3) Provide victim-offender mediation in felony, misdemeanor and juvenile delinquent cases without cost to the participants;
4. (4) Provide dispute resolution services to the community on a voluntary basis; and
5. (5) At the conclusion of the mediation process, provide a written agreement or decision to the referral source setting forth the settlement of the issues and future responsibilities of each participant.
(c) Each center that receives funds under this chapter must:
1. (1) Be operated by a grant recipient;
2. (2) Be operated in compliance with rules adopted by the supreme court;
3. (3) Be operated under a contract with the administrative office of the courts (AOC); and
4. (4) Comply with this chapter.
(d)
1. (1) Funds available for the purposes of this chapter may be allocated for services provided by eligible centers.
2. (2) A center applying for funding is to include the following information in its application:
  1. (A) The cost of operating the center, including the compensation of employees;
  2. (B) A description of the proposed area of service and number of participants expected to be served;
  3. (C) Proof of nonprofit 501(c)(3) status;
  4. (D) A charter of incorporation; and
  5. (E) Evidence of support of criminal justice agencies to make referrals.
(e) The AOC may accept, apply for and disburse public or private funds for the purposes of this chapter.
(f)
1. (1) The comptroller of the treasury or the comptroller's authorized representatives may inspect, examine and audit the fiscal affairs of local programs or centers.
2. (2) Centers must, whenever reasonably possible, make use of public facilities at free or nominal cost.
(g) A center operated under this chapter is not a state agency or an instrumentality of the state. Employees and volunteers of a center are not employees of the state.
(h)
1. (1) A center that receives funds under this chapter must annually provide the AOC with statistical data regarding the following:
  1. (A) The operating budget;
  2. (B) The number of referrals, categories or types of cases referred;
  3. (C) The number of parties serviced;
  4. (D) The number of disputes resolved;
  5. (E) The nature of the resolution, amount and type of restitution to the victim or community, or both; and
  6. (F) Rates of compliance.
2. (2) The data shall maintain the confidentiality and anonymity of all mediation participants.

History (1)

Acts 1993, ch. 420, § 2.

§ 16-20-103. Confidential and privileged documents and communications.

(a) All memoranda, work notes or products, or case files of centers established under this chapter are confidential and privileged and are not subject to disclosure in any judicial or administrative proceeding unless the court or administrative tribunal determines that the materials were submitted by a participant to the center for the purpose of avoiding discovery of the material in a subsequent proceeding. Any communication relating to the subject matter of the resolution made during the resolution process by any participant, mediator, or any other person is a privileged communication and is not subject to disclosure in any judicial or administrative proceeding unless all parties to the communication waive the privilege.
(b) The privilege and limitation on evidentiary use described in subsection (a) does not apply to any communication of a threat that injury or damage may be inflicted on any person or on the property of a party to the dispute, to the extent the communication may be relevant evidence in a criminal matter. Such communications shall not be construed to be public records pursuant to title 10, chapter 7.

History (1)

Acts 1993, ch. 420, § 3.

§ 16-20-104. Withdrawal from dispute resolution.

Any person who voluntarily enters a dispute resolution process at a center established under this chapter may revoke the person's consent, withdraw from dispute resolution and seek judicial or administrative redress prior to reaching a written resolution agreement. No legal penalty, sanction or restraint may be imposed upon the person.

History (1)

Acts 1993, ch. 420, § 4.

§ 16-20-105. Immunity from suit.

(a) Members of the board of directors of a victim-offender mediation center are immune from suit in any civil action based on any proceedings or other official acts performed in good faith as members of the board.
(b) Employees and volunteers of a center are immune from suit in any civil action based on any proceedings or other official acts performed in their capacity as employees or volunteers, except in cases of willful or wanton misconduct.
(c) A center is immune from suit in any civil action based on any of its proceedings or other official acts performed by its employees, volunteers, or members or its board of directors, except in cases of:
1. (1) Willful or wanton misconduct by its employees or volunteers; and
2. (2) Official acts performed in bad faith by members of its board.

History (1)

Acts 1993, ch. 420, § 5.

§ 16-20-106. Raising and disbursing funds — State funding.

(a) A victim-offender mediation center may raise and disburse funds from any public or private source for the purposes of this chapter.
(b) A center's share of funding from the state shall not exceed fifty percent (50%) of the approved estimated cost of the program; provided, that during the first three (3) years of operation for any new center, the fifty percent (50%) limitation upon funding from the state shall not apply. In distributing state funds to victim-offender mediation centers, the administrative office of the courts shall consider the need of each center applying for funding.
(c)
1. (1) By a two-thirds (⅔) vote of its legislative body, each county and municipality, as provided in this subdivision (c)(1), is authorized to levy an additional one dollar ($1.00) litigation tax per case, to be denominated as a part of the court costs, in matters before the local general sessions courts and juvenile courts. This subdivision (c)(1) shall only apply in any municipality in any county having a metropolitan form of government and a population of more than one hundred thousand (100,000), according to the 1990 federal census or any subsequent federal census, and in any county having a population according to such census as follows:
  3. 9,000 9,250
  4. 34,73534,800
  5. 51,35051,450
  6. 54,60055,000
  7. 68,10068,400
2. (2) Any revenue generated by a county pursuant to subdivision (c)(1) shall be used exclusively to support the local victim-offender mediation center or centers organized pursuant to this chapter and shall be distributed on a monthly basis by the county to such victim-offender mediation center or centers for the purpose of handling victim-offender mediation and other community mediation matters.
(d) By a two-thirds (⅔) vote of its legislative body, each county to which subdivision (c)(1) does not apply is authorized to levy an additional one dollar ($1.00) litigation tax per case, to be denominated as a part of the court costs, in matters before the local general sessions courts and juvenile courts. Any revenue so generated by the county shall be held in a separately designated account until a local victim-offender mediation center is established in the county pursuant to this chapter. Upon the establishment of the victim-offender mediation center, the revenue generated pursuant to this subsection (d) shall be distributed by the county in the manner prescribed by subdivision (c)(2).
(e) The taxes levied by subsections (c) and (d) shall be in addition to any other taxes levied on litigation.
(f)
1. (1) By a two-thirds (⅔) vote of its legislative body, any county having a charter form of government that has a population of less than four hundred thousand (400,000), according to the 2000 federal census or any subsequent federal census, is authorized to levy an additional litigation tax of one dollar ($1.00) up to a maximum of five dollars ($5.00), to be denominated as a part of the court costs for each petition, warrant and citation, including warrants and citations for traffic offenses, in matters before the local general sessions courts and juvenile courts. The additional one dollar ($1.00) litigation tax may be increased yearly by one dollar ($1.00) until a total litigation tax of five dollars ($5.00) has been levied for such filings.
2. (2) Any revenue generated by a county pursuant to subdivision (f)(1) shall be used exclusively to support a local victim-offender mediation center or centers organized pursuant to this chapter and shall be distributed on a monthly basis by the county to the victim-offender mediation center or centers for the purpose of handling victim-offender mediation and other community mediation matters.
3. (3) The taxes levied pursuant to this subsection (f) shall be in addition to any other taxes levied on litigation.
(g)
1. (1) By a two-thirds (⅔) vote of its legislative body, each county to which subdivision (c)(1) or (d) is applicable is authorized to levy an additional one-dollar ($1.00) litigation tax, for a total of two dollars ($2.00) per case, to be denominated as a part of the court costs for each petition, warrant and citation, including warrants and citations for traffic offenses, in matters before the local general sessions courts and juvenile courts.
2. (2) Any revenue generated by subdivision (g)(1) shall be used by the county for the exclusive purpose of supporting a local victim-offender mediation center or centers organized pursuant to this chapter. Such funds shall be distributed on a monthly basis by the county to the victim-offender mediation center or centers for the purpose of handling victim-offender mediation and other community mediation matters.
3. (3) The taxes levied pursuant to this subsection (g) shall be in addition to any other taxes levied on litigation.
4. (4) Notwithstanding any provision of this subsection (g) to the contrary, any fees increased by this subsection (g) that are assessed against the state or that otherwise represent a cost to the state shall be limited to the amounts chargeable prior to January 1, 2012.

History (6)

Acts 1993, ch. 420, § 6
1999, ch. 533, §§ 1-3
2008, ch. 800, § 1
2009, ch. 495, §§ 1, 2
2011, ch. 254, § 1
2012, ch. 982, §§ 1, 2.

Chapter 21 Judicial Organizations

§ 16-21-101. [Repealed]

History (15)

Acts 1943, ch. 130, § 1
1945, ch. 89, § 1
C. Supp. 1950, § 738.1 (Williams, § 738.5)
Acts 1967, ch. 132, § 1
1973, ch. 65, § 1
T.C.A. (orig. ed.), § 16-901
Acts 1993, ch. 66, § 26
1993, ch. 241, § 27
1999, ch. 311, § 3
2001, ch. 451, § 1
2003, ch. 399, § 3
2004, ch. 914, § 3a
2013, ch. 236, § 32
2019, ch. 345, § 23
repealed by Acts 2019, ch. 420, § 13, effective May 21, 2019.

§ 16-21-102. [Repealed]

History (9)

Acts 1943, ch. 130, § 2
1945, ch. 89, § 2
C. Supp. 1950, § 738.2 (Williams, § 738.6)
Acts 1967, ch. 132, § 2
T.C.A. (orig. ed.), § 16-902
Acts 1993, ch. 66, § 27
2003, ch. 399, § 4
2013, ch. 236, § 48
2019, ch. 345, § 24, repealed by Acts 2019, ch. 420, § 14, effective May 21, 2019.

§ 16-21-103. [Repealed]

History (4)

Acts 1943, ch. 130, § 2a, as added by Acts 1947, ch. 47, § 1
C. Supp. 1950, § 738.3 (Williams, § 738.6a)
T.C.A. (orig. ed.), § 16-903
repealed by Acts 2019, ch. 420, § 15, effective May 21, 2019.

§ 16-21-104. [Repealed]

History (4)

Acts 1943, ch. 130, § 2a, as added by Acts 1947, ch. 47, § 1
C. Supp. 1950, § 738.3 (Williams, § 738.6b)
T.C.A. (orig. ed.), § 16-904
repealed by Acts 2019, ch. 420, § 16, effective May 21, 2019.

§ 16-21-105. [Repealed]

History (6)

Acts 1943, ch. 130, § 3
C. Supp. 1950, § 738.4 (Williams, § 738.7)
T.C.A., § 16-905
Acts 1989, ch. 154, §§ 1, 2
1993, ch. 65, § 3
repealed by Acts 2019, ch. 420, § 17, effective May 21, 2019.

§ 16-21-106. [Repealed]

History (6)

Acts 1943, ch. 130, § 4
C. Supp. 1950, § 738.5 (Williams, § 738.8)
T.C.A. (orig. ed.), § 16-906
Acts 1982, ch. 751, § 1
1994, ch. 686, § 1
repealed by Acts 2019, ch. 420, § 18, effective May 21, 2019.

§ 16-21-107. [Repealed]

History (19)

Acts 1943, ch. 130, § 5
C. Supp. 1950, § 738.6 (Williams, § 738.9)
T.C.A. (orig. ed.), § 16-907
Acts 1986, ch. 909, § 4
1989, ch. 588, §§ 9, 10
1990, ch. 751, § 4
1990, ch. 1024, § 16
1992, ch. 966, § 1
1993, ch. 65, § 4
1994, ch. 686, § 2
1994, ch. 1005, §§ 2, 3
1995, ch. 326, § 1
1999, ch. 311, §§ 1, 2
2001, ch. 408, §§ 6, 7
2003, ch. 399, § 5
2004, ch. 756, § 1
2013, ch. 236, § 32
2019, ch. 345, § 25
repealed by Acts 2019, ch. 420, § 19, effective May 21, 2019.

§ 16-21-108. [Repealed]

History (4)

Acts 1943, ch. 130, § 6
C. Supp. 1950, § 738.7 (Williams, § 738.10)
T.C.A. (orig. ed.), § 16-908
repealed by Acts 2019, ch. 420, § 20, effective May 21, 2019.

§ 16-21-109. [Repealed]

History (4)

Acts 1943, ch. 130, § 7
C. Supp. 1950, § 738.8 (Williams, § 738.11)
T.C.A. (orig. ed.), § 16-909
repealed by Acts 2019, ch. 420, § 21, effective May 21, 2019.

§ 16-21-110. [Repealed]

History (6)

Acts 1943, ch. 130, §§ 5, 8
1945, 89, § 3
C. Supp. 1950, §§ 738.6, 738.9 (Williams, §§ 738.9, 738.12)
modified
T.C.A. (orig. ed.), § 16-910
repealed by Acts 2019, ch. 420, § 22, effective May 21, 2019.

§ 16-21-111. Personal injury or death cases in chancery or circuit courts — Reports.

(a) The clerks of circuit courts and the clerks and masters of chancery courts shall report, on a monthly basis, to the administrative office of the courts on a form to be devised and distributed by the administrative office of the courts, the following data:
1. (1) The number of cases filed claiming money damages for personal injury or death;
2. (2) The number of such cases actually proceeding to trial; and
3. (3) For each such case actually proceeding to trial, the number of cases in which the plaintiff was awarded some money damages for personal injury or death, the amount of the verdict given in a jury case, the amount of judgment in a case without a jury, and any additur or remittitur awarded in the case by the trial judge.
(b) The presiding judge in each circuit shall verify the trial data reported to the administrative office of the courts.
(c) The administrative office of the courts shall compile such data and report the findings of the previous fiscal year, on or before February 1 of each year, to the chair of the senate judiciary committee, the chair of the civil justice committee of the house of representatives, and the attorney general and reporter. The report is a public document, available on request from the administrative office of the courts.

History (5)

Acts 1989, ch. 53, § 1
2013, ch. 236, § 32
2019, ch. 345, § 26
2019, ch. 420, § 23
2021, ch. 64, § 15.

Chapter 22 Drug Court Treatment Act of 2003

§ 16-22-101. Short title.

This chapter shall be known and may be cited as the “Drug Court Treatment Act of 2003.”

History (1)

Acts 2003, ch. 335, § 1.

§ 16-22-102. Legislative intent — Goals.

(a) The general assembly recognizes that a critical need exists in this state for criminal justice system programs to reduce the incidence of drug use, drug addiction and crimes committed as a result of drug use and drug addiction. It is the intent of the general assembly by this chapter to create a program to facilitate the implementation of new and the continuation of existing drug court treatment programs.
(b) The goals of the drug court treatment programs created under this chapter include the following:
1. (1) To reduce the use of jail and prison beds and other correctional services by nonviolent chemically dependent offenders by diverting them into rehabilitative programs;
2. (2) To reduce incidences of drug use and drug addiction among offenders;
3. (3) To reduce crimes committed as a result of drug use and addiction;
4. (4) To promote public safety through these reductions;
5. (5) To increase the personal, familial and societal accountability of offenders; and
6. (6) To promote effective interaction and the use of resources among local criminal justice agencies and community agencies.

Backlinks (1)

16-22-105(1)

History (1)

Acts 2003, ch. 335, § 1.

§ 16-22-103. Chapter definitions.

As used in this chapter:
1. (1) “Chemically dependent” means a maladaptive pattern of substance use leading to clinically significant impairment or distress as manifested by two (2) or more of the predeterminate symptoms occurring at any time in the same twelve-month period;
2. (2) “Drug court treatment program” means any drug court treatment program created within the state that follows the general principles referenced in § 16-22-104 and that is established by the judge of a court in this state exercising criminal jurisdiction or by the judge of a juvenile court. A “drug court treatment program” shall have the same powers as the court that created it;
3. (3) “Nonadversarial approach” means that the district attorney general and the defense attorney work together for the benefit of the drug court treatment program participants and the program. Any disagreements are to be resolved prior to court and not in front of the participants; and
4. (4)
  1. (A) “Violent offender” means a person who:
    1. (i) Is convicted of an offense, during the course of which:
      1. (a) The person carried, possessed or used a firearm or dangerous weapon;
      2. (b) There occurred the death of or serious bodily injury to any person; or
      3. (c) The person committed a felony involving the use of force against the person of another;
    2. (ii) Has one (1) or more prior convictions for a felony crime of violence involving the use or attempted use of force against a person with the intent to cause death or serious bodily harm; or
    3. (iii) Is convicted of domestic assault under § 39-13-111;
  2. (B) In determining whether a defendant is a “violent offender” under subdivision (4)(A)(i), it does not matter whether one (1) or more of the circumstances described in subdivision (4)(A)(i)(a), (4)(A)(i)(b), or (4)(A)(i)(c) is or is not an element of the offense for which the person is convicted.

Backlinks (2)

History (4)

Acts 2003, ch. 335, § 1
2007, ch. 375, § 1
2012, ch. 889, § 1
2021, ch. 409, §§ 1, 2.

§ 16-22-104. General principles.

All drug court treatment programs in this state shall be established and operate according to the following general principles as established by the National Association of Drug Court Professionals, Drug Court Standards Committee:
1. (1) Drug courts integrate alcohol and other drug treatment services with justice system case processing;
2. (2) Drug courts use a nonadversarial approach, with prosecution and defense counsel promoting public safety while protecting participants' due process rights;
3. (3) Drug courts identify eligible participants early and promptly place them in the drug court treatment program;
4. (4) Drug courts provide access to a continuum of alcohol, drug, mental health and other related treatment and rehabilitation services;
5. (5) Drug courts monitor abstinence by frequent alcohol and other drug testing;
6. (6) Drug courts use a coordinated strategy to govern responses to participants' compliance;
7. (7) Drug courts use ongoing judicial interaction with each drug court participant as an essential component of the program;
8. (8) Drug courts utilize monitoring and evaluation to measure the achievement of program goals and gauge effectiveness;
9. (9) Drug courts employ continuing interdisciplinary education to promote effective drug court planning, implementation and operations; and
10. (10) Drug courts forge partnerships among the courts, public agencies and community-based organizations to generate local support and enhance drug court effectiveness.

Backlinks (5)

History (2)

Acts 2003, ch. 335, § 1
2010, ch. 833, § 1.

§ 16-22-105. Administration.

The department of mental health and substance abuse services shall administer the drug court treatment program by:
1. (1) Defining, developing, and gathering outcome measures for drug court treatment programs relating to § 16-22-102;
2. (2) Collecting, reporting and disseminating drug court treatment data;
3. (3) Supporting a state drug treatment mentor program;
4. (4) Sponsoring and coordinating state drug court treatment training;
5. (5) Awarding, administering and evaluating state drug court treatment grants; and
6. (6) Developing standards of operation for drug court treatment programs.

Backlinks (1)

16-22-110

History (3)

Acts 2003, ch. 335, § 1
2007, ch. 375, § 2
2015, ch. 453, § 11.

§ 16-22-106. Application for grant funds.

Through the department of mental health and substance abuse services, a court exercising criminal jurisdiction within this state or an existing drug court treatment program created by a court exercising criminal jurisdiction may apply for drug court treatment program grant funds to:
1. (1) Fund a full-time or part-time program director position;
2. (2) Fund drug court treatment staff whose job duties are directly related to program operations;
3. (3) Fund substance abuse treatment, mental health and other direct services for drug court treatment participants;
4. (4) Fund drug testing;
5. (5) Fund program costs directly related to program operations; and
6. (6) Implement or continue drug court treatment program operations.

Backlinks (1)

16-22-110

History (4)

Acts 2003, ch. 335, § 1
2007, ch. 375, § 3
2010, ch. 833, § 2
2015, ch. 453, § 12.

§ 16-22-107. Prohibited use of grant awards.

Department of mental health and substance abuse services grant awards may not be:
1. (1) Used to pay for wages not directly related to drug court treatment program operations;
2. (2) Made to any court that does not agree to operate its program in accordance with the principles in § 16-22-104;
3. (3) Used for construction or land acquisition;
4. (4) Used to pay bonuses or commissions to any individuals or organizations; or
5. (5) Used to form a corporation.

History (2)

Acts 2003, ch. 335, § 1
2015, ch. 453, § 13.

§ 16-22-108. Establishment of advisory committee.

The commissioner of finance and administration shall establish an advisory committee composed of seven (7) members, two (2) of whom shall be judges who have presided over a drug court for at least two (2) years and two (2) of whom shall be drug coordinators who have functioned as drug coordinators in actively implemented drug courts for at least two (2) years. The committee shall review all program criteria established by the department of mental health and substance abuse services and shall advise the commissioner on the allocation of funds under this chapter. Before appointing the members, the commissioner shall consult with the president of the Tennessee Association of Drug Court Professionals, the president of the Tennessee Association of Alcohol and Drug Abuse Services and the Tennessee Association of Mental Health Organizations. After the commissioner establishes staggered terms with the initial appointments, a member shall have a four-year term, and a member may be appointed to serve one (1) additional consecutive term. Each member shall be reimbursed from the drug court treatment program resources fund established in § 16-22-110 for travel expenses for attending a meeting of the advisory committee in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.

Backlinks (1)

16-6-104(7)

History (3)

Acts 2003, ch. 335, § 1
2008, ch. 883, § 1
2015, ch. 453, § 14.

§ 16-22-109. Collection and assessment of fees

(a) The clerks of all courts of general sessions, circuit and criminal courts and municipal courts exercising the jurisdiction of courts of general sessions shall collect the sum of seventy-five dollars ($75.00), or in counties establishing or operating a veterans treatment court in accordance with § 16-6-104, one hundred thirty dollars ($130), from any person who:
1. (1) Enters a plea of guilty;
2. (2) Enters a plea of nolo contendere;
3. (3) Is adjudicated at trial;
4. (4) Enters a plea pursuant to any of the diversionary sentencing statutes to any criminal offense described in subsection (b), for attempt or conspiracy to commit any such offense or for aiding, abetting or acting in the capacity of an accessory in the commission of any such offense; or
5. (5) Is found in violation of the terms and conditions of a suspended sentence imposed for any criminal offense described in subsection (b).
(b) The fee established in subsection (a) applies to any offense under the Tennessee Drug Control Act, compiled in title 39, chapter 17, part 4.
(c) The clerks of all courts of general sessions, circuit and criminal courts and municipal courts exercising the jurisdiction of courts of general sessions shall collect the sum of seventy-five dollars ($75.00), or in counties establishing or operating a veterans treatment court in accordance with § 16-6-104, one hundred thirty dollars ($130), from any person who is found in violation of the terms and conditions of a suspended sentence imposed for any criminal conviction in which the violation is premised upon a positive drug screen.
(d) Except as provided in subsection (e), this assessment shall be subject to § 8-21-401 and shall be in addition to all other taxes, costs and fines. The first five dollars ($5.00) of each such assessment shall be paid to the clerks of the court imposing assessment, who shall transfer it to the state treasurer, who shall credit it to the general fund and earmark it for use by the department of finance and administration, office of criminal justice programs, for funding drug court treatment program administration and funding such grant awards as are made by the department of finance and administration, office of criminal justice programs. The remainder of the assessments shall be deposited by the clerk of the collecting court into a dedicated county fund. The fund shall not revert to the county general fund at the end of the fiscal year, but shall remain for the purposes set out in this section. The money shall be used by the county exclusively for the creation and maintenance of state drug court treatment programs as defined in § 16-22-104. In the event no drug court treatment program operates in a county, the remainder of the funds from that county shall be remitted annually in full to the state of Tennessee to be placed in the drug court treatment program resources fund to be administered by the department of finance and administration, office of the criminal justice programs, in accordance with § 16-22-110. The comptroller's regular audit of a local government shall also include the dedicated county fund established by this section.
(e) For counties establishing or operating a veterans treatment court program in accordance with § 16-6-104:
1. (1) This assessment shall be subject to § 8-21-401 and shall be in addition to all other taxes, costs, and fines;
2. (2) The first ten dollars ($10.00) of each such assessment shall be paid to the clerks of the court imposing the assessment, who shall transfer it to the state treasurer, who shall credit it to the general fund and earmark it for use by the department of mental health and substance abuse services for funding drug court treatment program and veterans treatment court program administration;
3. (3) The revenue generated by seventy dollars ($70.00) of each such assessment shall be deposited by the clerk of the collecting court into a dedicated county fund and used by the county exclusively for the creation and maintenance of state drug court treatment programs as defined in § 16-22-104; provided, that this fund shall not revert to the county general fund at the end of the fiscal year, but shall remain for the purposes set out in this subdivision (e)(3). In the event no drug court treatment program operates in a county, the remainder of the funds from that county shall be remitted annually in full to the state to be placed in the drug court treatment program resources fund to be administered by the department of mental health and substance abuse services, in accordance with § 16-22-110;
4. (4) The remaining fifty dollars ($50.00) of each such assessment shall be deposited by the clerk of the collecting court into a dedicated county fund and used by the county exclusively for the operation and maintenance of veterans treatment court programs in the county; provided, that this fund shall not revert to the county general fund at the end of the fiscal year, but shall remain for the purposes set out in this subdivision (e)(4). In the event no veterans treatment court program operates in a county, the remainder of the funds from that county shall be remitted annually in full to the state, deposited in a separate account in the general fund, and designated for the exclusive use of the department of mental health and substance abuse services to assist existing veterans treatment court programs and to create and establish veterans treatment court programs in areas of this state that have a significant veteran population involved in the criminal justice system. The department is not required to distribute money to any county that operates or establishes a veterans treatment court program that does not operate according to the ten (10) key components or, for which program, the judge or other court professionals have not completed nationally recognized training and state certification as established by the department;
  Backlinks (1)
  
  16-6-105(a)
5. (5) The comptroller's regular audit of a local government shall also include the dedicated county funds established by this section; and
6. (6) As used in this subsection (e), “veterans treatment court program” has the same meaning as defined in § 16-6-101.
(f) The funds collected from this assessment are dedicated to the administration and operation of drug court treatment programs created by courts exercising criminal jurisdiction.

Backlinks (1)

16-22-114

History (4)

Acts 2003, ch. 335, § 1
2005, ch. 429, § 2
2007, ch. 375, §§ 4-6
2015, ch. 453, §§ 9, 10.

§ 16-22-110. Administration and disbursement of fees.

The assessment collected and remitted to the state shall be placed in a drug court treatment program resources fund for the purposes of funding drug court treatment program administration and the grant awards as provided in §§ 16-22-105 and 16-22-106. The office of criminal justice programs shall administer the money in the drug court treatment program resources fund. Any unspent money shall not be transferred or placed to the credit of the general revenue fund of the state at the end of each year, but shall remain deposited to the credit of the drug court treatment program resources fund for future allocation.

Backlinks (3)

History (1)

Acts 2003, ch. 335, § 1.

§ 16-22-111. No right to treatment conferred.

Nothing contained in this chapter shall confer a right or an expectation of a right to treatment for an offender within the criminal justice system.

History (1)

Acts 2003, ch. 335, § 1.

§ 16-22-112. Construction.

Nothing in this chapter shall be construed to limit the ability of any jurisdiction to create or maintain a drug court treatment program that adheres to the guidelines set forth in § 16-22-104.

History (1)

Acts 2003, ch. 335, § 1.

§ 16-22-113. Treatment program participants.

Each participant in a drug court treatment program shall:
1. (1) Not be a violent offender as defined in § 16-22-103;
2. (2) Be substance abusing or chemically dependent, or both; and
3. (3) Be willing to participate in a treatment program.

History (2)

Acts 2003, ch. 335, § 1
2007, ch. 375, § 7.

§ 16-22-114. Juvenile court drug court treatment programs.

In addition to courts exercising criminal jurisdiction and authorized to serve as drug treatment courts, courts exercising jurisdiction over juveniles alleged to be delinquent or unruly may also develop and operate drug court treatment programs, subject to all guidelines and requirements in this chapter. The juvenile drug court treatment programs shall not be funded or supported by revenues collected by the clerks of general sessions, circuit and criminal courts or municipal courts exercising general sessions court jurisdiction pursuant to § 16-22-109.

History (1)

Acts 2007, ch. 375, § 8.