Title 20 Civil Procedure
Chapter 1 Parties to Actions § 20-1-102. Indemnification of nominal plaintiff. - The person whose name is used in the prosecution of a suit may, at any time during the progress of the cause, require the party for whose benefit the action is brought to give bond, with good security, to indemnify the person whose name is used in the prosecution of the suit against all damages and costs.
History (4)
- Code 1858, § 2796
- Shan., § 4493
- Code 1932, § 8620
- T.C.A. (orig. ed.), § 20-102.
§ 20-1-103. Action on bond. - For any breach of an official bond or undertaking of any officer, executor, administrator or guardian, or of any bond or undertaking required to be given by law for the security of the public generally or of particular individuals, the party aggrieved may, without assignment, bring suit on the breach for the aggrieved party's use, giving security for costs and being liable therefor as if the suit had been brought in the aggrieved party's own name.
History (7)
- Code 1858, § 2797 (deriv. Acts 1822, ch. 16, § 4
- 1825, ch. 45, §§ 1, 2, 5
- 1826, ch. 27, § 1
- 1851-1852, ch. 144, §§ 1, 2)
- Shan., § 4494
- Code 1932, § 8621
- T.C.A. (orig. ed.), § 20-103.
§ 20-1-104. Deserted wife as party. - Where a husband has deserted his family, the wife may prosecute or defend, in the husband's name, any action that the husband might have prosecuted or defended. The wife may also sue and be sued in her own name for any cause of action accruing subsequently to such desertion.
History (4)
- Code 1858, § 2805
- Shan., § 4505
- Code 1932, § 8632
- T.C.A. (orig. ed.), § 20-104.
§ 20-1-105. Expenses and loss of service incident to injury to child. - (a) The father and mother of a minor child have equal rights to maintain an action for the expenses and the actual loss of service resulting from an injury to a minor child in the parents' service or living in the family except that where one (1) parent is dead or has deserted the family, the other parent shall have the sole right to maintain the action.
- (b) In case the father and mother of the minor child are living apart and one (1) parent has exclusive legal custody of the child, the parent with legal custody has the sole right to maintain an action for the expenses and the actual loss of service resulting from an injury to the minor child, except that the noncustodial parent in such case shall have a right to maintain or join an action brought under this section, for the expenses resulting from an injury to the minor child to the extent the noncustodial parent has paid those expenses.
History (5)
- Code 1958, § 2803
- Shan., § 4503
- Code 1932, § 8630
- T.C.A. (orig. ed.), § 20-105
- Acts 1982, ch. 853, § 5.
§ 20-1-107. Several liability on joint obligations. - All joint obligations and promises are made joint and several, and the debt or obligation shall survive against the heirs and personal representatives of deceased obligors as well as against the survivors, and suits may be brought and prosecuted on the obligations and promises against all or any part of the original obligors, and all or any part of the representatives of deceased obligors, as if such obligations and assumptions were joint and several.
History (4)
- Code 1858, § 2789 (deriv. Acts 1789, ch. 57, § 5)
- Shan., § 4486
- Code 1932, § 8613
- T.C.A. (orig. ed.), § 20-108.
§ 20-1-108. Joinder of defendants on joint and several obligations. - Persons jointly or severally, or jointly and severally, bound on the same instrument, or by judgment, decree or statute, including the makers and endorsers of negotiable paper and sureties, may all or any part of them be sued in the same action.
History (8)
- Code 1858, § 2787 (deriv. Acts 1789, ch. 57, § 5
- 1813, ch. 66, § 1
- 1820, ch. 25, § 1
- 1829, ch. 66, § 1
- 1837-1838, ch. 5, § 1)
- Shan., § 4484
- Code 1932, § 8611
- T.C.A. (orig. ed.), § 20-109.
§ 20-1-109. Action in name used in instrument. - Suit may be brought by or against any of the parties to a written instrument on which the action is founded, by the name and description used in the instrument.
History (4)
- Code 1858, § 2788
- Shan., § 4485
- Code 1932, § 8612
- T.C.A. (orig. ed.), § 20-110.
§ 20-1-110. Failure of recovery against joint defendants. - In all actions on contracts, a dismissal of suit as to one (1) or more of those jointly sued, or failure to recover as to one (1), shall not prevent a recovery against those defendants who may be liable.
History (4)
- Code 1858, § 2790 (deriv. Acts 1820, ch. 25, § 2)
- Shan., § 4487
- Code 1932, § 8614
- T.C.A (orig. ed.), § 20-111.
§ 20-1-111. Maintaining action after executor or administrator removes from jurisdiction. - (a) Where one (1) of several executors or administrators removes out of the state, actions may be prosecuted and judgments rendered against such as remain, in the same manner as if all were sued.
- (b) If the cause of action is within the jurisdiction of a judge of the court of general sessions, it may be prosecuted against the administrator or executor who remains in the county, where one (1) of them removes out of the state or into another county.
History (6)
- Code 1858, §§ 2791, 2792 (deriv. Acts 1826, ch. 38, § 1
- 1827, ch. 84, § 1)
- Shan., §§ 4488, 4489
- Code 1932, §§ 8615, 8616
- impl. am. Acts 1979, ch. 68, § 3
- T.C.A. (orig. ed.), § 20-112.
§ 20-1-112. Defenses of executors sued separately. - The defendants, so separately sued, shall not be held further liable than if all were sued and may avail themselves of all the defenses allowed where all are sued.
History (5)
- Code 1858, § 2793 (deriv. Acts 1826, ch. 38, § 1
- 1827, ch. 84, § 1)
- Shan., § 4490
- Code 1932, § 8617
- T.C.A. (orig. ed.), § 20-113.
§ 20-1-113. Separate judgments against executors. - The same proceedings may be taken on judgments rendered in such separate suits, to subject the defendants for waste of assets or to subject real estate descended to heirs, as when all the executors or administrators are sued.
History (4)
- Code 1858, § 2794 (deriv. Acts 1826, ch. 38, § 2)
- Shan., § 4491
- Code 1932, § 8618
- T.C.A. (orig. ed.), § 20-114.
§ 20-1-114. Addition of parties. - (a) At any time before trial, new plaintiffs or defendants may be added to the suit by the plaintiff, upon supplemental process taken out and served or appearance entered.
- (b) If added at the appearance term, it may be done without costs; if at any subsequent term, on such terms as to costs and conditions as the court may prescribe, so as to prevent delay.
History (4)
- Code 1858, § 2798 (deriv. Acts 1851-1852, ch. 152, § 6)
- Shan., § 4495
- mod. Code 1932, § 8622
- T.C.A. (orig. ed.), § 20-115.
§ 20-1-115. Intervention in property action. - In actions for the recovery of property, any person not a party to the action, on showing interest in the subject matter of the suit, may be allowed to appear as defendant in the action.
History (4)
- Code 1858, § 2799
- Shan., § 4496
- Code 1932, § 8623
- T.C.A. (orig. ed.), § 20-116.
§ 20-1-116. Substitution of defendant in property action. - (a) At any time before defense made, the defendant may apply to the court to substitute in the defendant's place any person not already a party, who claims the money or property in suit, by filing an affidavit, stating the facts on which the person founds the application, showing that the right in the subject matter in controversy is in the third person; that the affiant has no interest in the suit, and may be exposed to the claim of two (2) or more adverse parties, denying all collusion with the party sought to be substituted, and proffering to pay the money or deliver the property into the custody of the court.
- (b) If, on notice to the plaintiff and the person sought to be substituted as defendant, sufficient cause is shown, the court may order the substitution and discharge the original defendant from liability to either party, and make such disposition, pending the suit, of the fund or property in controversy, as to secure the money, property or its value to the party who shall prove to be entitled.
History (5)
- Code 1858, § 2800 (deriv. Acts 1857-1858, ch. 56, § 1)
- Shan., § 4497
- Code 1932, § 8624
- impl. am. Acts 1979, ch. 68, § 3
- T.C.A. (orig. ed.), § 20-117.
§ 20-1-117. Substitution for levying officer. - (a) Where property is levied upon under any process of law by an officer and taken into possession, and an action is brought against the officer for the recovery of the property or for damages, any person at whose instance the process issued may be permitted to come into court at any time before the cause is finally disposed of and be substituted as defendant in the place of the officer, of which an entry shall be made upon the minutes of the court.
- (b) The party so substituted may, in the discretion of the court, be compelled to assume and give security for all costs that have or may become chargeable to the officer up to the time of the substitution.
- (c) Upon the substitution, the officer shall no longer be a party to the suit but shall be a competent witness in the suit.
History (4)
- Acts 1859-1860, ch. 104, §§ 1, 3
- Shan., §§ 4498, 4500
- Code 1932, §§ 8625, 8627
- T.C.A. (orig. ed.), § 20-118.
§ 20-1-118. Default judgment against levying officer. - Upon written notice from the levying officer being served upon the party at whose instance the process issued, stating the nature of the suit, the court in which it is pending, and demanding that the party come into court and be substituted in the place of the officer, and stating the day upon which the application for substitution shall be made, if the party does not appear and become substituted in the officer's place, the officer may permit judgment to go by default against the officer or make defense.
History (4)
- Acts 1859-1860, ch. 104, § 2
- Shan., § 4499
- mod. Code 1932, § 8626
- T.C.A. (orig. ed.), § 20-119.
§ 20-1-119. Comparative fault — Joinder of third party defendants. - (a)
- (1) In civil actions where comparative fault is or becomes an issue, if a defendant named in an original complaint initiating a suit filed within the applicable statute of limitations, or named in an amended complaint filed within the applicable statute of limitations, alleges in an answer or amended answer to the original or amended complaint that a person not a party to the suit caused or contributed to the injury or damage for which the plaintiff seeks recovery, and if the plaintiff's cause or causes of action against that person would be barred by any applicable statute of limitations but for the operation of this section, the plaintiff may, within ninety (90) days of the filing of the first answer or first amended answer alleging that person's fault, either:
- (A) Amend the complaint to add the person as a defendant pursuant to Tenn. R. Civ. P. 15 and cause process to be issued for that person; or
- (B) Institute a separate action against that person by filing a summons and complaint. If the plaintiff elects to proceed under this section by filing a separate action, the complaint so filed shall not be considered an original complaint initiating the suit or an amended complaint for purposes of this subsection (a).
- (2) In a civil action filed against an owner and operator of an uninsured motor vehicle, as defined in § 56-7-1202, where comparative fault is or becomes an issue, if an insurance company, served pursuant to § 56-7-1206 with an original complaint initiating a suit filed within the applicable statute of limitations, or served pursuant to § 56-7-1206 with an amended complaint filed within the applicable statute of limitations, alleges in an answer or amended answer to the original or amended complaint that a person not a party to the suit caused or contributed to the injury or damage for which the plaintiff seeks recovery, and if the plaintiff's cause or causes of action against that person would be barred by any applicable statute of limitations but for the operation of this section, the plaintiff may, within ninety (90) days of the filing of the first answer or first amended answer alleging that person's fault, either:
- (A) Amend the complaint to add the person as a defendant pursuant to Tenn. R. Civ. P. 15 and cause process to be issued for that person; or
- (B) Institute a separate action against that person by filing a summons and complaint. If the plaintiff elects to proceed under this section by filing a separate action, the complaint so filed shall not be considered an original complaint initiating the suit or an amended complaint for purposes of this subsection (a).
- (b) A cause of action brought within ninety (90) days pursuant to subsection (a) shall not be barred by any statute of limitations. This section shall not extend any applicable statute of repose, nor shall this section permit the plaintiff to maintain an action against a person when such an action is barred by an applicable statute of repose.
- (c) This section shall neither shorten nor lengthen the applicable statute of limitations for any cause of action, other than as provided in subsection (a).
- (d) Subsections (a) and (b) shall not apply to any civil action commenced pursuant to § 28-1-105, except an action originally commenced in general sessions court and subsequently recommenced in circuit or chancery court.
- (e) This section shall not limit the right of any defendant to allege in an answer or amended answer that a person not a party to the suit caused or contributed to the injury for which the plaintiff seeks recovery.
- (f) As used in this section, “person” means any individual or legal entity.
- (g) Notwithstanding any law to the contrary, this section applies to suits involving governmental entities.
History (3)
- Acts 1993, ch. 407, § 1
- 1999, ch. 485, § 1
- 2023, ch. 294, § 1.
Chapter 2 Process Part 1 General Provisions § 20-2-101. Summons from general sessions court. - The summons from a court of general sessions shall be substantially the same as the summons from a court of record, but requiring the defendant to appear before the judge on a day fixed, or generally. If no time or place is designated, the officer serving the process shall notify the defendant of the time and place, and make the officer's return accordingly.
History (6)
- Code 1858, § 2817
- Shan., § 4522
- Code 1932, § 8649
- impl. am. Acts 1979, ch. 68, § 3
- T.C.A. (orig. ed.), § 20-204
- modified.
§ 20-2-102. Security for costs and damages. - The general sessions judge may, and the clerk shall, before issuing the summons or other leading process, require the plaintiff to enter into bond, with sufficient surety, conditioned to prosecute the plaintiff's suit with effect, or to pay such costs and damages as may be awarded against the plaintiff by the court having cognizance thereof, unless the plaintiff sue in forma pauperis.
History (5)
- Code 1858, § 2818 (deriv. Acts 1787, ch. 19, § 1)
- Shan., § 4523
- Code 1932, § 8650
- impl. am. Acts 1979, ch. 68, § 3
- T.C.A. (orig. ed.), § 20-205.
§ 20-2-103. Date of process shown — Penalty for violation. - (a) The clerk, general sessions judge or attorney issuing any process shall mark on the process the day on which the process is issued; and the sheriff or other officer into whose hands the process comes to be executed, shall, in like manner, mark on the process the day on which the sheriff or other officer received it.
- (b) The penalty for neglect of this requirement shall be a forfeiture of one hundred twenty-five dollars ($125), to be recovered in any court having cognizance thereof, by any persons who shall sue for the penalty, with costs.
History (5)
- Code 1858, § 2819 (deriv. Acts 1794, ch. 1, § 9)
- Shan., § 4524
- Code 1932, § 8651
- impl. am. Acts 1979, ch. 68, § 3
- T.C.A. (orig. ed.), § 20-206.
§ 20-2-104. Issuance of process on Sunday. - (a) Civil process may be issued on Sundays on the application of any party, supported by oath or affirmation, that the defendant is removing or about to remove the defendant's person or property beyond the jurisdiction of the court applied to.
- (b) The clerk or general sessions judge shall endorse on the back of the process that it was obtained on the oath of the plaintiff, the plaintiff's agent or attorney, as directed in subsection (a).
- (c) It is the duty of the proper officers to execute all such process on Sundays, subject to the same penalties and regulations as in other cases.
History (5)
- Code 1858, §§ 2824-2826 (deriv. Acts 1821, ch. 1, §§ 1-3)
- Shan., §§ 4529-4531
- Code 1932, §§ 8656-8658
- impl. am. Acts 1979, ch. 68, § 3
- T.C.A. (orig. ed.), § 20-207.
§ 20-2-105. Service of process on Sunday on parties leaving jurisdiction. - Sheriffs or constables having process in their hands in civil actions pending in magistrate's court or courts of record, if it appears to their satisfaction that parties to be sued are leaving the county or state, have the right to execute the process on Sunday.
History (4)
- Acts 1885, ch. 53, § 1
- Shan., § 4532
- Code 1932, § 8659
- T.C.A. (orig. ed.), § 20-208.
§ 20-2-108. Counterpart summons. - (a) Where there are two (2) or more defendants in any suit in courts of law or equity or before judges of the courts of general sessions, the plaintiff may cause a counterpart summons or subpoena to be issued to any county where any of the defendants is most likely to be found, the fact that the counterpart process is issued in the same suit being noted on each process, which, when returned, shall be docketed as if only one (1) process had issued.
- (b) If the defendants are not served, the same proceedings shall be had as in cases of other similar process not executed.
- (c) The counterpart, when issued from a judge of the court of general sessions, shall be returned within thirty (30) days.
History (5)
- Code 1858, §§ 2821, 2822 (deriv. Acts 1820, ch. 25, § 3)
- Shan., §§ 4526, 4527
- Code 1932, §§ 8653, 8654
- impl. am. Acts 1979, ch. 68, § 3
- T.C.A. (orig. ed.), § 20-211.
§ 20-2-109. Service on joint obligor on negotiable paper. - In joint actions on negotiable paper, service of a counterpart writ on the drawer or maker shall not be sufficient service to hold the drawer or maker to answer the action, unless the original writ was executed on a joint drawer or maker.
History (4)
- Code 1858, § 2823 (deriv. Acts 1827, ch. 74, § 2)
- Shan., § 4528
- Code 1932, § 8655
- T.C.A. (orig. ed.), § 20-212.
§ 20-2-111. Returns made with ink — Penalty for violation. - (a) Sheriffs, constables and all officers are required to make their returns upon all processes issued to them with pen and ink or some other nonerasable material or fluid; but the failure of the officer to make the officer's return as required shall in no case vitiate the return.
- (b) Any officer violating this section commits a Class A misdemeanor, and is further liable in damages to any person or persons aggrieved by the violation.
History (5)
- Acts 1889, ch. 51, §§ 1, 2
- Shan., §§ 4537, 4538
- mod. Code 1932, §§ 8664, 8665
- T.C.A. (orig. ed.), § 20-216
- Acts 1989, ch. 591, §§ 1, 6.
§ 20-2-112. Wrongful death action by other than personal representative pending — Service in civil action against estate. - (a) Where a wrongful death action has been instituted by any person other than an executor, executrix, administrator or administratrix of a decedent's estate, the estate may be made a party defendant to any civil action arising out of the same facts, happenings, or circumstances otherwise properly brought by serving process on the person instituting the original wrongful death action.
- (b) If, after a decedent's estate is made a party defendant as provided in subsection (a), an executor, executrix, administrator or administratrix of the decedent's estate is thereafter appointed, the person who instituted the original wrongful death action shall notify the executor, executrix, administrator or administratrix of the decedent's estate in writing of all actions heretofore instituted against the decedent's estate. The failure of the person to notify the executor, executrix, administrator or administratrix of the decedent's estate, as provided in this subsection (b), may render the person liable for all resultant damages.
- (c) Any individual served with process under this section shall notify any person or entity charged with the responsibility of defending the action to which the subject estate has been made a defendant. The notice shall be in writing.
History (2)
- Acts 1968, ch. 552, §§ 1, 2
- T.C.A., § 20-242.
§ 20-2-113. Long-arm statute — Service upon person in foreign country. - (a) If service is to be effected upon a party in a foreign country, service of the summons and complaint may be made:
- (1) In the manner prescribed by the law of the foreign country for service in that country in an action in any of its courts of general jurisdiction;
- (2) As directed by the foreign authority in response to a letter rogatory, when service in either case is reasonably calculated to give actual notice;
- (3) Upon an individual, by delivery to the individual personally; and upon a corporation, partnership or association, by delivery to an officer or a managing or general agent;
- (4) By any form of mail requiring a signed receipt, to be addressed and dispatched by the clerk of the court to the party to be served; or
- (5) As directed by order of the court.
- (b) Service under subdivision (a)(3) or (a)(5) may be made by any person who is not a party and is not less than twenty-one (21) years of age, anyone duly authorized to serve summons by the law of the country where service is to be made or anyone designated by order of the court or the foreign court. On request, the clerk shall deliver the summons to the plaintiff for transmission to the person or the foreign court or officer who will make the service. Proof of service may be made as prescribed in Tenn. R. Civ. P. 4, by order of the court or by the law of the foreign country. Proof of service by mail shall include an affidavit or certificate of addressing and mailing by the clerk of court.
Part 2 Long-Arm Statutes § 20-2-201. Foreign corporations subject to actions. - (a) Any corporation claiming existence under the laws of the United States or any other state or of any country foreign to the United States, or any business trust found doing business in this state, shall be subject to suit here to the same extent that corporations of this state are by the laws of this state liable to be sued, so far as relates to any transaction had, in whole or in part, within this state or any cause of action arising here, but not otherwise.
- (b) A corporation or trust having any transaction with persons or having any transaction concerning any property situated in this state, through any agency whatever acting for it within the state, shall be held to be doing business here within the meaning of this section.
History (4)
- Acts 1887, ch. 226, §§ 1, 2
- Shan., §§ 4543, 4544
- mod. Code 1932, §§ 8676, 8677
- T.C.A. (orig. ed.), § 20-220.
§ 20-2-202. Actions against unincorporated associations and nonresident partnerships. - (a) Any unincorporated association or organization, whether resident or nonresident, including nonresident partnerships and nonresident trusts, doing or desiring to do business in this state by performing any of the acts for which it was formed, shall, before any such acts are performed, appoint an agent in this state upon whom all process may be served, and certify to the clerk of the circuit court of each county in which the association or organization desires to perform any of the acts for which it was organized the name and address of the process agent.
- (b)
- (1) If the unincorporated association or organization fails to appoint the process agent pursuant to this section, all process may be served upon the secretary of the state of Tennessee;
- (2) Upon such service, the secretary of state, by registered or certified return receipt mail, shall forward a copy of the process to the last known address of the unincorporated association or organization.
- (c) Service upon the process agent appointed pursuant to this section, or upon the secretary of state if no process agent is appointed, shall be legal and binding on the association or organization, and any judgment recovered in any action commenced by service of process, as provided in this section, shall be valid and may be collected out of any real or personal property belonging to the association or organization.
History (7)
- Acts 1947, ch. 32, § 1
- mod. C. Supp. 1950, § 8679.1 (Williams, §§ 8681.1-8681.3)
- modified
- Acts 1959, ch. 110, § 1
- 1963, ch. 254, § 1
- T.C.A. (orig. ed.), § 20-223
- Acts 1981, ch. 215, § 1.
§ 20-2-203. Use of highways as appointment of agent for process — Pretrial discovery depositions. - (a)
- (1) Any owner, chauffeur or operator of any motor vehicle that is not licensed under the laws of this state, or any nonresident who, acting in behalf of the owner of any such vehicle, uses or causes to be used any such motor vehicle in this state, or any nonresident of this state who hires or procures the use of a motor vehicle licensed under the laws of this state, for temporary use in this state, and who makes use of the privilege, extended to nonresidents of the state to operate such vehicle on highway or highways within the state, shall be deemed thereby to constitute the secretary of state of this state as agent for acceptance of service of process in any civil action brought by any person against the owner, chauffeur or operator of such motor vehicle or nonresident arising out of any accident or injury occurring in this state in which such vehicle is involved;
- (2) Such use of a highway shall be treated as an agreement on the part of such person that such service of process shall have the force and validity of personal service on the owner, chauffeur or operator of such motor vehicle or nonresident within the jurisdiction of this state and the county of action.
- (3) As used in this section, “nonresident” includes any person who, though a resident of this state or who was the owner or operator of a motor vehicle properly registered and licensed under the laws of this state when the motor vehicle accident or injury occurred, has been absent from this state for at least thirty (30) days next preceding the day on which process is lodged with the secretary of state as provided in § 20-2-205.
- (b) The agency of the secretary of state to accept service of process in actions for both personal injuries and property damages shall continue for such period of time or so long as the cause of action is not barred by the statute of limitations of this state and shall not be revoked by the death of the nonresident during that period of time. The agency shall continue so long after the expiration of such time as may be necessary to enable the secretary of state to complete the service of process, sued out prior to the expiration of the time and forwarded to the defendant with reasonable dispatch.
- (c) The secretary of state shall keep a docket in which the secretary of state enters the style of the cause, the date of issuance of such process, the date of its receipt by the secretary of state and the date on which it was forwarded by the secretary of state to the person named as defendant in the cause.
- (d) For the purpose of venue as set out in § 20-4-101, the secretary of state may be considered by the plaintiff as either a resident of the county in which the cause of action arose or the county in which the plaintiff resides.
- (e) Any owner, chauffeur or operator of any motor vehicle that is not licensed under the laws of this state, or any nonresident who, acting in behalf of the owner of any such vehicle, uses or causes to be used any such motor vehicle in this state, or any nonresident who hires or procures the use of a motor vehicle licensed under the laws of this state, for temporary use in the state, and who is duly served with process under this section and §§ 20-2-204 — 20-2-207, in connection with any civil action brought by any person against the owner, chauffeur or operator, or nonresident arising out of any accident or injury occurring in this state in which the vehicle is involved, shall be required, upon receipt of the proper notice as required in title 24, chapter 9 to appear at the time and place specified in the notice, which shall be in the county in which the action is pending, for the purpose of giving a pretrial discovery deposition as authorized by the rules of civil procedure and title 24, chapter 9. The written notice required by § 20-2-205 to be sent to any person served under §§ 20-2-204 — 20-2-207, along with a certified copy of the original summons, shall include a notification to the effect that the person shall be subject to appearance in this state for the purpose of giving a pretrial discovery deposition if subsequently served with proper notice to do so.
- (f) Nothing in this section shall be construed as a prohibition on the exercise of jurisdiction over or service of process on a person who is deemed by this section to constitute the secretary of state as the person's agent, pursuant to §§ 20-2-214 — 20-2-219.
History (13)
- Code 1932, § 8671
- Acts 1947, ch. 235, § 1
- 1949, ch. 47, §§ 1, 2
- C. Supp. 1950, § 8671
- Acts 1955, ch. 265, § 1
- 1957, ch. 61, § 1
- 1963, ch. 269, § 1
- 1968, ch. 574, § 1
- 1970, ch. 396, § 1
- 1972, ch. 470, § 1
- 1977, ch. 348, § 1
- 1979, ch. 418, § 1
- T.C.A. (orig. ed.), § 20-224.
§ 20-2-204. Death of party after appointment of agent. - (a) The owner, chauffeur or operator of any motor vehicle that is not licensed under the laws of this state or any nonresident of this state who hires or procures the use of a motor vehicle licensed under the laws of this state for temporary use in this state, and who makes use of the privilege extended to nonresidents of the state, to operate such vehicle on the highway or highways within the state, shall be deemed to have consented that the appointment of the secretary of state as the owner's, chauffeur's, operator's or nonresident's agent for the purposes set forth in § 20-2-203 shall be irrevocable and binding upon such owner's, chauffeur's, operator's or nonresident's executor or administrator.
- (b) Where the person has died prior to the commencement of an action brought pursuant to § 20-2-203, this section and §§ 20-2-205 — 20-2-207, service of process shall be made on the executor, executrix, administrator or administratrix of the decedent in the same manner as is provided for action commenced while the person is living.
- (c) Where an action has been duly commenced under § 20-2-203, this section and §§ 20-2-205 — 20-2-207 by service upon a defendant who dies thereafter, the court shall allow the action to be continued against the person's executor or administrator upon motion with such notice as the court deems proper.
History (2)
- C. Supp. 1950, § 8675.1
- T.C.A. (orig. ed.), § 20-225.
§ 20-2-205. Service on secretary of state. - (a) Service of process under § 20-2-203 shall be made by lodging, by the plaintiff or the plaintiff's attorney, the original summons and a copy certified by the clerk of the court in which action is brought, with a fee of twenty dollars ($20.00), with the secretary of state, who shall promptly send, postage prepaid, the certified copy by registered or certified return receipt mail to the defendant, along with a written notice that service was so made.
- (b) In case it appears, either before or after the lodging of process, as provided in subsection (a), that the nonresident is dead, then either original or alias process may issue, directed to the personal representative of the nonresident deceased and shall be sent, as provided in subsection (a), to the probate court of the county and state of the residence of the deceased at the time of the deceased's death. No appearance need be made nor shall judgment be taken against the personal representative until the lapse of sixty (60) days from the date of mailing the process to such probate court. The procedure for mailing such process and proof of service of process shall be as provided in this section and in § 20-2-206 for the service upon living persons.
- (c) The fee of twenty dollars ($20.00) so paid by the plaintiff, when fact of payment is endorsed on the original process by the secretary of state, shall be taxed as plaintiff's cost, to abide the judgment.
- (d) In case delivery of process so made by registered or certified mail is refused by the addressee of the process, such refusal to be evidenced by appropriate notation of such fact by the postal authorities, the refusal shall be deemed the equivalent of delivery and adequately constitutes service.
- (e) Acceptance of the registered or certified mail by any member of the addressee's family, over sixteen (16) years of age and residing in the same dwelling with the addressee, shall constitute a sufficient delivery of the mail to the addressee.
History (8)
- Code 1932, §§ 8672, 8675
- Acts 1949, ch. 47, § 3
- C. Supp. 1950, § 8672
- Acts 1955, ch. 265, § 2
- 1971, ch. 332, § 1
- 1980, ch. 656, §§ 1, 2
- T.C.A. (orig. ed.), § 20-226
- Acts 1998, ch. 890, § 7.
§ 20-2-206. Evidence of service through secretary of state. - The original process, endorsed as provided in this section, an affidavit of the secretary of state setting forth the secretary of state's compliance with the requirements of § 20-2-205, and the return receipt signed by, or duly in behalf of, the defendant, shall be attached together and sent to and filed by the clerk. There shall be endorsed on the original process by the secretary of state over the secretary of state's signature the date of the secretary of state's mailing the certified copy to the defendant and the date on which the secretary of state received the return receipt of the defendant. Thereupon service on the defendant shall be consummate. An act of a deputy or regular assistant of the secretary of state in the secretary of state's behalf shall be deemed the equivalent of the act of the secretary of state.
History (2)
- Code 1932, § 8673
- T.C.A. (orig. ed.), § 20-227.
§ 20-2-207. Continuances after service by agent. - The court of action shall grant such continuance or continuances as may be necessary or proper to afford the defendant so served reasonable opportunity to make defense.
History (2)
- Code 1932, § 8674
- T.C.A. (orig. ed.), § 20-228.
§ 20-2-208. Actions against steamboat owners. - (a) All persons, resident and nonresident of this state, running and operating steamboats in any of the rivers in or bordering on this state as common carriers, may be sued in law or equity in any county where the boat or boats of such person lands, for any cause of action or suit growing out of or connected with the business carried on or done by or in connection with the running and use of the boat or boats.
- (b) Service of process on any captain or clerk of any boat of such person, whether it is the particular boat complained of or immediately connected with the transaction out of which the cause of suit or action originates or not, shall be sufficient to bring such person into court.
History (4)
- Acts 1881, ch. 66, § 1
- Shan., §§ 4547, 4548
- mod. Code 1932, §§ 8680, 8681
- T.C.A. (orig. ed.), § 20-229.
§ 20-2-209. Operation of watercraft in state as appointment of agent for process. - (a) The operation, navigation or maintenance by a nonresident or nonresidents of a boat, ship, barge or other watercraft in this state, either in person or through others, and the acceptance thereby by the nonresident or nonresidents of the protection of the laws of this state for the watercraft, or the operation, navigation or maintenance by a nonresident or nonresidents of a boat, ship, barge or other watercraft in this state, either in person or through others, is deemed thereby to constitute an appointment by each such nonresident of the secretary of state, or some other person in the secretary of state's office during the secretary of state's absence whom the secretary of state may designate, to be the true and lawful agent of each such nonresident for service of process, upon whom may be served all lawful process in any suit, action or proceeding against the nonresident or nonresidents growing out of any accident or injury in which the nonresident or nonresidents may be involved while, either in person or through others, operating, navigating or maintaining a boat, ship, barge or other watercraft in this state; and the acceptance or the operating, navigating or maintaining in this state of the watercraft shall be a signification of each nonresident's agreement that any such process against each nonresident that is so served shall be of the same legal force and effect as if served on each nonresident personally.
- (b) The agency of the secretary of state to accept service of process shall continue for a period of one (1) year from the date of any accident or injury and shall not be revoked by death of the nonresident within the period of one (1) year.
History (2)
- Acts 1961, ch. 246, § 1
- T.C.A., § 20-230.
§ 20-2-210. Death of party after appointment of agent. - (a) The nonresident who, under § 20-2-209, is deemed to have appointed the secretary of state as the nonresident's agent for process, shall further be deemed to have consented that the appointment of the secretary of state as the nonresident's agent for the purposes set forth in § 20-2-209 shall be irrevocable and binding upon the nonresident's executor or administrator.
- (b) Where such person has died prior to the commencement of an action brought pursuant to § 20-2-209, this section and §§ 20-2-211 — 20-2-213, service of process shall be made on the executor or administrator of the decedent in the same manner as provided for an action commenced while the person is living.
- (c) Where an action has been duly commenced under § 20-2-209, this section and §§ 20-2-211 — 20-2-213 by service upon a defendant who dies thereafter, the court shall allow the action to be continued against the defendant's executor or administrator upon motion, with such notice as the court deems proper.
History (2)
- Acts 1961, ch. 246, § 2
- T.C.A., § 20-231.
§ 20-2-212. Continuances. - The court of action shall grant such continuance or continuances as may be necessary or proper to afford the defendant so served reasonable opportunity to make defense.
History (2)
- Acts 1961, ch. 246, § 4
- T.C.A., § 20-233.
§ 20-2-214. Jurisdiction of persons unavailable to personal service in state — Classes of actions to which applicable. - (a) Persons who are nonresidents of this state and residents of this state who are outside the state and cannot be personally served with process within this state are subject to the jurisdiction of the courts of this state as to any action or claim for relief arising from:
- (1) The transaction of any business within this state;
- (2) Any tortious act or omission within this state;
- (3) The ownership or possession of any interest in property located within this state;
- (4) Entering into any contract of insurance, indemnity or guaranty covering any person, property or risk located within this state at the time of contracting;
- (5) Entering into a contract for services to be rendered or for materials to be furnished in this state;
- (6) Any basis not inconsistent with the constitution of this state or of the United States;
- (7) Any action of divorce, annulment or separate maintenance where the parties lived in the marital relationship within this state, notwithstanding one party's subsequent departure from this state, as to all obligations arising for alimony, custody, child support or marital dissolution agreement, if the other party to the marital relationship continues to reside in this state.
- (b) As used in this section, “person” includes corporations and all other entities that would be subject to service of process if present in this state.
- (c) Any such person shall be deemed to have submitted to the jurisdiction of this state who acts in the manner described in subsection (a) through an agent or personal representative.
History (6)
- Acts 1965, ch. 67, § 1
- 1972, ch. 689, § 1
- 1975, ch. 177, § 1
- 1978, ch. 715, § 1
- T.C.A., § 20-235
- Acts 1987, ch. 390, § 1.
§ 20-2-215. Service on secretary of state — Forwarding by registered or certified mail — Personal representatives of deceased defendants — Time for appearance — Registered or certified mail refused. - (a) Service of process pursuant to § 20-2-214 shall be made by lodging, by the plaintiff or the plaintiff's attorney, the original summons and a copy certified by the clerk of the court in which the action is brought, with a fee of twenty dollars ($20.00), with the secretary of state, who shall promptly send, postage prepaid, the certified copy by registered or certified return receipt mail to the defendant, along with a written notice that service was so made.
- (b) In case it appears, either before or after the lodging of process as provided in subsection (a), that the nonresident is dead, then either original or alias process may issue directed to the personal representative of the nonresident deceased and shall be sent as provided in this section to the probate court of the county and state of the residence of the deceased at the time of the deceased's death. No appearance need be made nor shall judgment be taken against the personal representative until the lapse of sixty (60) days from the date of mailing the process to such probate court. The procedure for mailing such process and proof of service of process shall be as provided in this section and in § 20-2-216 for the service upon living persons.
- (c) The fee of twenty dollars ($20.00) so paid by plaintiff, when fact of payment is endorsed on the original process by the secretary of state, shall be taxed as plaintiff's cost, to abide the judgment.
- (d) In case delivery of process so made by registered or certified mail is refused by the addressee of the process, such refusal to be evidenced by appropriate notation of such fact by the postal authorities, such refusal shall be deemed the equivalent of delivery and adequately constitutes service.
History (6)
- Acts 1965, ch. 67, § 2
- 1971, ch. 332, § 1
- 1979, ch. 88, § 1
- 1980, ch. 656, § 2
- T.C.A., § 20-236
- Acts 1998, ch. 890, § 7.
§ 20-2-216. Proof of mailing by secretary of state and receipt by defendant. - The original process, endorsed as described in this section, an affidavit of the secretary of state setting forth the secretary of state's compliance with the requirements of § 20-2-215, and the return receipt signed by, or duly in behalf of, the defendant, shall be attached together and sent to and filed by the clerk. There shall be endorsed on the original process by the secretary of state over the secretary of state's signature the date the secretary of state mailed the certified copy to the defendant and the date on which the secretary of state received the return receipt of the defendant. Thereupon, service on the defendant shall be consummate. An act of a deputy or regular assistant of the secretary of state in the secretary of state's behalf shall be deemed the equivalent of the act of the secretary of state.
History (2)
- Acts 1965, ch. 67, § 3
- T.C.A., § 20-237.
§ 20-2-217. Extraterritorial personal service — Proof. - (a) In addition to service of process on the secretary of state as set forth in this part, personal service of process may be made upon any party outside the state by any person over eighteen (18) years of age and not a party to the action. No order of court shall be required to constitute such person a proper officer to receive and execute the process.
- (b) An affidavit of the person serving the process shall be filed with the clerk of the court in which the action is pending, stating the time, manner and place of service.
History (3)
- Acts 1965, ch. 67, § 4
- 1979, ch. 418, § 2
- T.C.A., § 20-238.
§ 20-2-218. Causes of action limited. - Only causes of action arising hereafter or heretofore from past or future transactions as set forth in § 20-2-214 may be asserted against the defendant in an action in which jurisdiction over the defendant is based upon §§ 20-2-214 — 20-2-217, this section and § 20-2-219.
History (2)
- Acts 1965, ch. 67, § 5
- T.C.A., § 20-239.
§ 20-2-220. Authority of deputy and assistant secretaries of state. - An act of a deputy or regular assistant of the secretary of state in the secretary of state's behalf under this part shall be deemed the equivalent of the act of the secretary of state; provided, that the deputy or assistant signs the name of the secretary of state by the secretary of state as the deputy or assistant so that the record will show the party acting for the secretary of state and that such party was a deputy of or regular assistant to the secretary of state.
History (2)
- Acts 1967, ch. 191, § 1
- T.C.A., § 20-241.
§ 20-2-221. “Person” defined. - As used in §§ 20-2-222 — 20-2-225, “person” includes an individual, executor, administrator or other personal representative, or a corporation, partnership, association or any other legal or commercial entity, whether or not a citizen or domiciliary of this state and whether or not organized under the laws of this state.
§ 20-2-222. Personal jurisdiction based upon enduring relationship. - A court may exercise personal jurisdiction over:
- (1) A person domiciled in, organized under the laws of, or maintaining the person's principal place of business in, the state as to any claim for relief; or
- (2) A person who is a party to an action of divorce, annulment or separate maintenance when the parties have lived in the marital relationship within this state, notwithstanding one party's subsequent departure from this state, as to all obligations arising for alimony, custody, child support, child visitation or marital dissolution agreement, if the other party to the marital relationship continues to reside in this state.
§ 20-2-223. Personal jurisdiction based on conduct. - (a) A court may exercise personal jurisdiction over a person, who acts directly or indirectly, as to a claim for relief arising from the person's:
- (1) Transacting any business in this state;
- (2) Contracting to supply services or things in this state;
- (3) Causing tortious injury by an act or omission in this state;
- (4) Causing tortious injury in this state by an act or omission outside this state of the person who regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered, in this state;
- (5) Having an interest in, using or possessing real property in this state;
- (6) Contracting to insure any person, property or risk located within this state at the time of contracting; or
- (7) Conduct as a director or officer of a domestic corporation or the conduct of a domestic corporation while the person held office as a director or officer.
- (b) When jurisdiction over a person is based solely upon this section, only a claim for relief arising from acts enumerated in this section may be asserted against that person.
§ 20-2-226. Service on the secretary of state—Collection of fee. - The secretary of state shall collect a fee of twenty dollars ($20.00) each time process is served on the secretary of state under this chapter, or pursuant to the convention on the service abroad of judicial and extrajudicial documents in civil or commercial matters, signed at The Hague, November 15, 1965, commonly referred to as “The Hague Convention.” The party to a proceeding causing service of process is entitled to recover this fee as costs if such party prevails in the proceeding.
Chapter 3 Lis Pendens § 20-3-101. Filing of abstract — Effect of not filing. - (a) When any person, in any court of record, by declaration, petition, bill or cross bill, seeks to fix a lien lis pendens on real estate, or any interest in real estate, situated in the county of suit, in furtherance of the setting aside of a fraudulent conveyance, of subjection of property under return of nulla bona, tracing a trust fund, enforcing an equitable vendor's lien, or otherwise, that person shall file for record in the register's office of the county an abstract, certified by the clerk, containing the names of the parties to the suit, a description of the real estate affected, its ownership and a brief statement of the nature and amount of the lien sought to be fixed.
- (b) Until the abstract is so filed, so far as concerns the rights of bona fide purchasers and encumbrancers, for value, of the realty, or any interest in the realty, they shall not be affected.
History (2)
- Code 1932, § 8053
- T.C.A. (orig. ed.), § 20-301.
§ 20-3-102. Duties of register. - It is the duty of the register immediately to file the abstract and to record the abstract in the lien book.
History (2)
- Code 1932, § 8055
- T.C.A (orig. ed.), § 20-303.
§ 20-3-103. Termination of action in which filed. - (a) Where the suit, abstract of the claimed lien in which has been filed and recorded, finally terminates, whether on the merits or otherwise, the court may direct the entry on the lien book in the registry of an order respecting the suit made by it, which order, certified by the clerk, shall be presented to the register, who shall immediately note its date and record it on the lien book at the proper place.
- (b) Should no such order be entered by the court, it is the duty of the plaintiff or complainant who filed the notice abstract to cause to be noted of record the fact of termination, or, if the claim is satisfied, the satisfaction of the claim, such notation to be attested in writing by the register or the register's deputy.
History (2)
- Code 1932, § 8056
- T.C.A. (orig. ed.), § 20-304.
§ 20-3-105. Lien on real estate. - (a) When any person in a court of record seeks to fix a lien lis pendens on real estate, or any interest in real estate, and the court in furtherance of the lien issues a restraining order, the restraining order shall be valid for ninety (90) days only unless:
- (1) The court orders a longer period of time to apply; or
- (2) Bond is given for the value of the property involved by the party seeking the order.
- (b) The abstract filed in the register's office pursuant to this part shall contain information relevant to any restraining order and the duration of the restraining order.
Chapter 4 Venue Part 1 Venue of Actions § 20-4-101. Transitory actions. - (a) In all civil actions of a transitory nature, unless venue is otherwise expressly provided for, the action may be brought in the county where the cause of action arose or in the county where the individual defendant resides.
- (b) If, however, the plaintiff and defendant both reside in the same county in this state, then the action shall be brought either in the county where the cause of action arose or in the county of their residence.
- (c) Where the action is brought either in the county where the cause of action arose or in the county where the defendant resides, process may be sent to another county as in local action, and it shall not be necessary nor required that the defendant be in the county of action either when the action is commenced or during the time between the commencement of the action and service of process.
History (8)
- Code 1858, §§ 2808, 2809 (deriv. Acts 1809 (Sept.), ch. 126, § 3)
- Shan., §§ 4513, 4514
- Code 1932, §§ 8640, 8641
- Acts 1967, ch. 55, § 1
- 1971, ch. 51, § 1
- 1972, ch. 446, § 1
- T.C.A. (orig. ed.), § 20-401
- Acts 2011, ch. 510, § 3.
§ 20-4-102. District in which tort arose. - When the plaintiff and defendant are both residents of the same county but reside in different districts within the venue of separate courts, a tort action may be brought in the court within the venue of the district where the cause of action arose, and the process may be served in other districts in the county not within the venue of the court.
History (3)
- Acts 1953, ch. 34, §§ 3, 4 (Williams, §§ 8641.3, 8641.4)
- T.C.A. (orig. ed.), § 20-403
- Acts 2011, ch. 510, § 4.
§ 20-4-103. Actions in rem. - In actions commenced by the attachment of property without personal service of process, and in cases where the suit is brought to obtain possession of personal property, or to enforce a lien or trust deed or mortgage, or where it relates to real property, the attachment may be sued out or suit brought in any county where the real property, or any portion of it, lies, or where any part of the personal property may be found.
History (4)
- Code 1858, § 2810 (deriv. Acts 1847-1848, ch. 173)
- Shan., § 4515
- mod. Code 1932, § 8642
- T.C.A. (orig. ed.), § 20-404.
§ 20-4-104. Business office of party. - For all civil actions, if the defendant is not a natural person, the action shall be brought in:
- (1) The county where all or a substantial part of the events or omissions giving rise to the cause of action accrued;
- (2) The county where any defendant organized under the laws of this state maintains its principal office; or
- (3)
- (A) If the defendant is not organized under the laws of this state, the county where the defendant's registered agent for service of process is located; or
- (B) If the defendant does not maintain a registered agent within this state, the county where the person designated by statute as the defendant's agent for service of process is located.
History (7)
- Code 1858, § 2811 (deriv. Acts 1845-1846, ch. 55, § 2
- 1849-1850, ch. 136
- 1851-1852, ch. 136)
- Shan., § 4516
- Code 1932, § 8643
- T.C.A. (orig. ed.), § 20-405
- Acts 2011, ch. 510, § 2.
§ 20-4-105. Objection to venue. - If action is brought in the wrong county, it may be prosecuted to a termination, unless abated by plea of the defendant.
History (4)
- Code 1858, § 2812
- Shan., § 4517
- Code 1932, § 8644
- T.C.A. (orig. ed.), § 20-406.
§ 20-4-107. Real property — State or agency a party. - Notwithstanding any other law or rule of procedure to the contrary, any action the subject matter of which involves real property in which this state, or any agency of this state, is a party, may be properly instituted in any county in which the property is located.
§ 20-4-108. Construction. - Nothing in this part shall be construed to repeal or modify any other specific or special venue provision of state law.
Part 2 Change of Venue § 20-4-201. Cases in which venue changeable. - In all civil cases at law where the issue is to be tried by jury, and in all cases of issues in courts of equity directed to be tried by jury, either in the circuit or chancery court, in all civil cases before a judge of the court of general sessions, and in all criminal cases:
- (1) The venue may be changed, at any time before trial, upon good cause shown, as prescribed in this part; or
- (2) A court may issue an order for a special venire of jurors from another county if in its discretion it determines the action to be necessary to ensure a fair trial.
History (9)
- Code 1858, § 2835 (deriv. Acts 1809 (Sept.), ch. 49, § 17
- 1815, ch. 166, § 8
- 1841-1842, ch. 16, § 1)
- Acts 1870, ch. 5, § 1
- Shan., § 4549
- Code 1932, § 8682
- impl. am. Acts 1979, ch. 68, § 3
- T.C.A. (orig. ed.), § 20-501
- Acts 1995, ch. 321, § 1.
§ 20-4-202. One change for each side. - The venue may be changed by the plaintiff or defendant, or both, but not more than once by each, except for causes not in existence when the first change was taken.
History (5)
- Code 1858, § 2836 (deriv. Acts 1819, ch. 43, § 1)
- Acts 1870, ch. 5, § 2
- Shan., § 4550
- Code 1932, § 8683
- T.C.A. (orig. ed.), § 20-502.
§ 20-4-203. Application for change. - The party applying for a change of venue shall make a statement of facts, in writing, under oath or affirmation, that the party verily believes that, owing to prejudice, or other causes then existing, the party cannot have a fair and impartial trial in the county, or before the general sessions judge, where the cause is pending, the truth of which statement shall, in a court of record, be verified and supported by the oath of at least three (3), and before a general sessions judge, of one (1) or more, respectable and disinterested persons.
History (6)
- Code 1858, § 2837 (deriv. Acts 1825, ch. 78, § 1)
- Acts 1870, ch. 5, § 3
- Shan., § 4551
- mod. Code 1932, § 8684
- impl. am. Acts 1979, ch. 68, § 3
- T.C.A. (orig. ed.), § 20-503.
§ 20-4-204. Allowance of change. - If the presiding judge, on due consideration, is of the opinion that the cause set forth is good, and the truth of the cause set forth is evident and credibly supported, the presiding judge shall allow the change asked for.
History (5)
- Code 1858, § 2838 (deriv. Acts 1825, ch. 78, § 1)
- Shan., § 4552
- mod. Code 1932, § 8685
- impl. am. Acts 1979, ch. 68, § 3
- T.C.A. (orig. ed.), § 20-504.
§ 20-4-206. Court to which changed — Special venire. - (a) The change of venue in a court of record shall be made to the nearest adjoining county free from the like exception, whether in the same judicial district or out of it.
- (b) Before a general sessions judge, it shall be made to the nearest judge of the court of general sessions of the same county free from like exceptions.
- (c) Upon an order for a special venire of jurors from a court other than the court of record, as authorized by § 20-4-201, the jury selection shall be made from the nearest adjoining county free from the like exception, whether in the same judicial district or out of it.
History (7)
- Code 1858, § 2839 (deriv. Acts 1809 (Sept.), ch. 49, § 17)
- Acts 1870, ch. 5, § 4
- Shan., § 4553
- Code 1932, § 8686
- impl. am. Acts 1979, ch. 68, § 3
- T.C.A. (orig. ed.), § 20-506
- Acts 1995, ch. 321, § 2.
§ 20-4-207. Costs of change. - The party applying for a change of venue shall, in the cases referenced in this part, pay the cost of the transcript and transmission of paper; and, in the discretion of the court, the applicant may be required to give bond, or additional bond, for costs.
History (5)
- Code 1858, § 2841
- Shan., § 4555
- mod. Code 1932, § 8688
- impl. am. Acts 1979, ch. 68, § 3
- T.C.A. (orig. ed.), § 20-507.
§ 20-4-208. Incompetency of judge. - (a) As a further provision to prevent delay in cases of incompetency, it is the duty of the circuit court judges and chancellors, whenever there is a cause before one (1) of them, in which the circuit court judge or chancellor is interested, at the request of the opposite party, to transfer the cause to any court in an adjoining district or division that the adverse party may choose; and the original papers, with a certified copy of all orders, shall be immediately transmitted to the court to which the venue is changed.
- (b) Where the judge of any court of law or chancery is incompetent, from any other cause, to try the cause, upon application of either of the parties to the suit, the suit shall be transferred to the nearest court having jurisdiction of such cases where like incompetency does not exist.
History (5)
- Code 1858, § 3924
- Acts 1870, ch. 9, § 1
- Shan., §§ 5720, 5721
- mod. Code 1932, §§ 9906, 9907
- T.C.A. (orig. ed.), § 20-508.
§ 20-4-209. Transmission of records. - When a change of venue is directed, the clerk of court shall make a transcript of all the minutes, orders and proceedings in the cause, duly certified, and envelope the transcript, together with all the original papers, in a strong wrapper, securely sealed and safely deliver or transmit the package by messenger, registered mail or express to the clerk of the court to which the venue has been changed.
History (4)
- Code 1858, § 2843
- Shan., § 4557
- mod. Code 1932, § 8690
- T.C.A. (orig. ed.), § 20-509.
§ 20-4-210. Expense of transmitting records. - The clerk or messenger delivering the packages will be entitled to five cents (5¢) a mile, going and returning, and tolls and ferriages, to be paid in advance by the party applying for the change of venue. If these expenses are paid by the opposing party, they will be taxed in the bill of costs against the opposing party's adversary.
History (4)
- Code 1858, § 2844
- Shan., § 4558
- Code 1932, § 8691
- T.C.A. (orig. ed.), § 20-510.
§ 20-4-211. Expenses relating to jury. - When a change of venue in any case, either civil or criminal, is ordered by the circuit or criminal courts of this state from one (1) county to another, the jury fees, in trying the case, shall be paid by the county from which the case is sent, and the fees of the officers summoning jurors in cases where the venue is changed shall be accordingly taxed and certified by the clerk in civil cases, and also by the judge and district attorney general in criminal cases, in the same manner as the fees are otherwise certified by law.
History (5)
- Acts 1889, ch. 201
- Shan., § 4567
- Code 1932, § 8692
- modified
- T.C.A. (orig. ed.), § 20-511.
Chapter 5 Abatement and Survival of Actions § 20-5-101. No abatement where cause survives. - Actions do not abate by the death or other disability of either party, or by the transfer of any interest in the action, if the cause of action survives or continues.
History (7)
- Code 1858, § 2845 (deriv. Acts 1785, ch. 2, § 2
- 1786, ch. 14, § 1
- 1819, ch. 16, §§ 1, 3
- 1835-1836, ch. 77, § 1)
- Shan., § 4568
- mod. Code 1932, § 8693
- T.C.A. (orig. ed.), § 20-601.
§ 20-5-102. Actions surviving death of party. - No civil action commenced, whether founded on wrongs or contracts, except actions for wrongs affecting the character of the plaintiff, shall abate by the death of either party, but may be revived; nor shall any right of action arising hereafter based on the wrongful act or omission of another, except actions for wrongs affecting the character, be abated by the death of the party wronged; but the right of action shall pass in like manner as the right of action described in § 20-5-106.
History (5)
- Code 1858, § 2846 (deriv. Acts 1835-1836, ch. 77, § 1)
- Shan., § 4569
- Code 1932, § 8694
- Acts 1967, ch. 121, § 1
- T.C.A. (orig. ed.), § 20-602.
§ 20-5-103. Causes surviving death of tort-feasor. - (a) In all cases where a person commits a tortious or wrongful act causing injury or death to another, or property damage, and the person committing the wrongful act dies before suit is instituted to recover damages, the death of that person shall not abate any cause of action that the plaintiff would have otherwise had, but the cause of action shall survive and may be prosecuted against the personal representative of the tort-feasor or wrongdoer.
- (b) The common law rule abating such actions upon the death of the wrongdoer and before suit is commenced is abrogated.
- (c) This section shall not apply to actions for wrongs affecting the character of the plaintiff.
History (3)
- Acts 1935, ch. 104, § 1
- mod. C. Supp. 1950, § 8243.1
- T.C.A. (orig. ed.), § 20-603.
§ 20-5-104. Revival by or against heirs. - If no person will administer on the estate of a deceased plaintiff or defendant, the suit may be revived by or against the heirs of the decedent.
History (4)
- Code 1858, § 2849 (deriv. Acts 1809 (Sept.), ch. 121, § 3)
- Shan., § 4571
- Code 1932, § 8696
- T.C.A. (orig. ed.), § 20-605.
§ 20-5-105. Revival by or against successor in interest. - If the decedent has parted with the decedent's interest pending the suit, it may be revived by or against the successor in interest instead of the representative or heir.
History (4)
- Code 1858, § 2850 (deriv. Acts 1794, ch. 1, § 64)
- Shan., § 4572
- Code 1932, § 8697
- T.C.A. (orig. ed.), § 20-606.
§ 20-5-106. Injury resulting in death — Succession to cause of action — Beneficiaries. - (a) The right of action that a person who dies from injuries received from another, or whose death is caused by the wrongful act, omission, or killing by another, would have had against the wrongdoer, in case death had not ensued, shall not abate or be extinguished by the person's death but shall pass to the person's surviving spouse and, in case there is no surviving spouse, to the person's children or next of kin; to the person's personal representative, for the benefit of the person's surviving spouse or next of kin; to the person's natural parents or parent or next of kin if at the time of death decedent was in the custody of the natural parents or parent and had not been legally surrendered or abandoned by them pursuant to any court order removing such person from the custody of such parents or parent; or otherwise to the person's legally adoptive parents or parent, or to the administrator for the use and benefit of the adoptive parents or parent; the funds recovered in either case to be free from the claims of creditors.
- (b) In any case involving a beneficiary who is a minor or who is legally incompetent, if the court finds it is in the best interest of the beneficiary, the court in its discretion may authorize all or any portion of the funds recovered for the beneficiary to be added to any trust or trusts established for the benefit of the beneficiary, wherever situated, whether the trust was created by the person whose death was caused by the wrongful action or omission or by any other person. The funds recovered shall be for the benefit of the beneficiary and shall be free from the claims of creditors.
- (c)
- (1) Notwithstanding any other law to the contrary, the right to institute and the right to collect any proceeds from a wrongful death action granted by this section to a surviving spouse shall be waived, if the children or next of kin establish the surviving spouse has abandoned the deceased spouse as described in § 36-4-101(a)(13) or otherwise willfully withdrawn for a period of two (2) years.
- (2) If the period of two (2) years has passed since the time of abandonment or willful withdrawal, then there is created a rebuttable presumption that the surviving spouse abandoned the deceased spouse for purposes of this section.
- (3) In an action under this section, the child or next of kin shall serve the surviving spouse with process as provided in the rules of civil procedure or by constructive service as may otherwise be provided by law.
- (d) As used in this section, the word “person” includes an unborn child at any stage of gestation in utero.
History (16)
- Code 1858, § 2291 (deriv. Acts 1849-1850, ch. 58, § 1
- 1851-1852, ch. 17)
- Acts 1871, ch. 78, § 1
- Shan., § 4025
- Code 1932, § 8236
- Acts 1945, ch. 58, § 1
- mod. C. Supp. 1950, § 8236
- Acts 1953, ch. 210, § 1
- 1959, ch. 240, § 1
- 1975, ch. 284, § 1
- 1978, ch. 742, § 1
- T.C.A. (orig. ed.), § 20-607
- Acts 1991, ch. 196, § 1
- 1998, ch. 866, § 1
- 2011, ch. 366, § 1
- 2021, ch. 379, § 2.
§ 20-5-107. Prosecution of action by representative or surviving spouse or next of kin. - (a) The action may be instituted by the personal representative of the deceased or by the surviving spouse in the surviving spouse's own name, or, if there is no surviving spouse, by the children of the deceased or by the next of kin; also, without the consent of the personal representative, either may use the personal representative's name in bringing and prosecuting the suit, on giving bond and security for costs, or in the form prescribed for paupers. The personal representative shall not, in such case, be responsible for costs, unless the personal representative signs the prosecution bond in an individual capacity.
- (b) In no event shall a parent be permitted to recover through an action commenced pursuant to subsection (a) until all child support arrearages, together with interest on the child support arrearages, at the legal rate of interest computed from the date each payment was due, have been paid in full to the parent ordered to receive the support or to the parent's estate if deceased.
- (c) Notwithstanding any law to the contrary, a parent who has intentionally refused or neglected to pay any support for a child for a two-year period, or for the life of the child, whichever is less, when subject to a court order requiring the payment of child support and who has intentionally refused or neglected to contact the child or exercise visitation during such period, shall not be permitted to recover through an action commenced pursuant to subsection (a) and § 20-5-106.
- (d) Nothing in this section shall be construed to prevent the institution of an action by a child with respect to the death of a parent.
- (e)
- (1) Notwithstanding any other law to the contrary, the right to institute and the right to collect any proceeds from a wrongful death action granted by this section to a surviving spouse shall be waived, if the children or next of kin establish the surviving spouse has abandoned the deceased spouse as described in § 36-4-101(a)(13) or otherwise willfully withdrawn for a period of two (2) years.
- (2) If the period of two (2) years has passed since the time of abandonment or willful withdrawal then there is created a rebuttable presumption that the surviving spouse abandoned the deceased spouse for purposes of this section.
- (3) In an action under this section, the child or next of kin shall serve the surviving spouse with process as provided in the Tennessee Rules of Civil Procedure or by constructive service as may otherwise be provided by law.
- (4) In no event shall any action for wrongful death abate, or the statute of limitations bar, an action solely as a result of a finding the surviving spouse's rights are waived. Instead the court shall substitute the proper party.
History (10)
- Code 1858, § 2292 (deriv. Acts 1849-1850, ch. 58, §§ 1, 2
- 1851-1852, ch. 17)
- Acts 1871, ch. 78, § 2
- Shan., § 4026
- mod. Code 1932, § 8237
- Acts 1975, ch. 284, § 2
- T.C.A. (orig. ed.), § 20-608
- Acts 1994, ch. 939, § 1
- 2003, ch. 25, § 1
- 2011, ch. 366, § 2.
§ 20-5-108. Continuation of decedent's action. - (a) If the deceased had commenced an action before the deceased's death, it shall proceed without necessity of revivor.
- (b) The damages shall go to the surviving spouse and next of kin free from the claims of creditors.
History (5)
- Code 1858, § 2293
- Shan., § 4028
- mod. Code 1932, § 8238
- Acts 1975, ch. 284, § 3
- T.C.A. (orig. ed.), § 20-609.
§ 20-5-110. Action for death of spouse. - (a) A suit for the wrongful killing of the spouse may be brought in the name of the surviving spouse for the benefit of the surviving spouse and the children of the deceased, in the name of the administrator of the deceased spouse or in the name of the next of kin of the spouse.
- (b) The surviving spouse may effect a bona fide compromise in such a suit or right of action and may execute a valid release that shall be binding upon all the children of the deceased or next of kin of the deceased.
- (c)
- (1) Notwithstanding any other law to the contrary, the right to institute and the right to collect any proceeds from a wrongful death action granted by this section to a surviving spouse shall be waived, if the children or next of kin establish the surviving spouse has abandoned the deceased spouse as described in § 36-4-101(a)(13) or otherwise willfully withdrawn for a period of two (2) years.
- (2) If the period of two (2) years has passed since the time of abandonment or willful withdrawal then there is created a rebuttable presumption that the surviving spouse abandoned the deceased spouse for purposes of this section.
- (3) In an action under this section, the child or next of kin shall serve the surviving spouse with process as provided in the Tennessee Rules of Civil Procedure or by constructive service as may otherwise be provided by law.
- (4) A release entered into pursuant to this section by the surviving spouse shall be binding as provided in subsection (b), unless a copy of an order finding waiver of rights pursuant to this section was served or delivered to the released parties prior to the execution of the release or distribution of funds, whichever occurs first. However, a court of competent jurisdiction, upon motion of the children or next of kin, may grant injunctive relief after notice to the released parties and to the surviving spouse. The party or parties seeking the release shall not be required to answer or otherwise defend any such action.
History (8)
- Acts 1897, ch. 86, § 2
- Shan., § 4029a2
- mod. Code 1932, § 8239
- Acts 1953, ch. 210, § 2
- 1975, ch. 284, § 4
- T.C.A. (orig. ed.), § 20-611
- Acts 1981, ch. 250, § 1
- 2011, ch. 366, § 3.
§ 20-5-111. Death of beneficiary before action. - Death of a primary beneficiary, after the death of one so injured and before suit is brought, shall not work a loss of cause of action, which shall be deemed to survive in behalf of those who, after the beneficiary, are the next of kin of the decedent.
History (2)
- Code 1932, § 8243
- T.C.A. (orig. ed.), § 20-612.
§ 20-5-112. Death of beneficiary during action. - No suit for personal injuries or death from a wrongful act, in any of the courts of this state, whether on appeal or otherwise, and whether in an inferior or appellate court, shall abate or be abated, because or on account of the death of the beneficiary or beneficiaries for whose use and benefit the suit was brought, and the suit shall be proceeded with to final judgment, as though the beneficiary or beneficiaries had not died, for the use and benefit of the next of kin of the deceased beneficiary.
History (4)
- Acts 1903, ch. 317, § 1
- Shan., § 4029a3
- mod. Code 1932, § 8242
- T.C.A. (orig. ed.), § 20-613.
§ 20-5-113. Damages recoverable in wrongful death. - Where a person's death is caused by the wrongful act, fault or omission of another and suit is brought for damages, as provided for by §§ 20-5-106 and 20-5-107, the party suing shall, if entitled to damages, have the right to recover for the mental and physical suffering, loss of time and necessary expenses resulting to the deceased from the personal injuries, and also the damages resulting to the parties for whose use and benefit the right of action survives from the death consequent upon the injuries received.
History (4)
- Acts 1883, ch. 186, § 1
- Shan., § 4029
- Code 1932, § 8240
- T.C.A. (orig. ed.), § 20-614.
§ 20-5-114. Death of executor or administrator. - When any sole executor or administrator is plaintiff or defendant and dies, the suit may be revived by or against the executor, administrator de bonis non or other successor in the interest of the decedent.
History (4)
- Code 1858, § 2853 (deriv. Acts 1825, ch. 65, §§ 4, 5)
- Shan., § 4574
- Code 1932, § 8699
- T.C.A. (orig. ed.), § 20-616.
§ 20-5-116. Party substituted in revivor. - Suit abated by the death of either party may be revived by or against the heir, personal representative, guardian or assign, as the case may be, who may be legally entitled to the decedent's place in the subject matter of the litigation.
History (6)
- Code 1858, § 2859 (deriv. Acts 1786, ch. 14, § 1
- 1794, ch. 1, § 64
- 1809 (Sept.), ch. 121, § 3)
- Shan., § 4579
- Code 1932, § 8704
- T.C.A. (orig. ed.), § 20-618.
§ 20-5-117. Death of nominal plaintiff. - Where a suit is commenced in the name of one person for the use of another and the nominal plaintiff dies, the suit may be prosecuted without a revivor, as if the death had not happened.
History (4)
- Code 1858, § 2858 (deriv. Acts 1825, ch. 29, § 3)
- Shan., § 4578
- Code 1932, § 8703
- T.C.A. (orig. ed.), § 20-621.
§ 20-5-118. Automobile liability insurance carrier negligent in failing to settle claim against insured — Survival of action — Assignment of right of action for benefit of creditors. - (a) Any cause of action belonging to an insured person against the insured's automobile liability insurance carrier, based upon the negligence or bad faith of the insurance carrier in failing or refusing to settle any claim against the insured person within the limits of the insured's automobile liability insurance policy, shall survive the death of the insured person and shall pass to the insured's personal representative.
- (b) Any cause of action within the purview of subsection (a) shall by operation of law be assigned to and be an asset belonging to any trustee in bankruptcy, receiver or other person acting in a representative capacity for the creditors of the insured person, and the cause of action may be filed and maintained by the trustee, receiver or other person acting in a representative capacity for the creditors of the insured person in the trustee's, receiver's or representative's own name as the representative in any court having jurisdiction and venue of the cause of action against the automobile liability insurance carrier of the insured person.
- (c) No action within the purview of subsection (a) now pending or hereafter filed in any court of this state shall be abated or dismissed by any court upon the grounds that the action is or was not assignable by the insured person to one (1) of the persons or class of persons as set out in subsections (a) and (b).
History (4)
- Acts 1967, ch. 381, §§ 1-3
- T.C.A., §§ 20-624 — 20-626
- modified
- T.C.A. § 20-5-120.
Chapter 6 Pleadings Part 1 General Provisions § 20-6-101. Scope of chapter. - The pleadings described in this chapter apply to all actions at law and to all legal proceedings for the redress of civil injuries in which pleadings are necessary and not otherwise expressly prescribed.
History (4)
- Code 1858, § 2880
- Shan., § 4601
- Code 1932, § 8725
- T.C.A. (orig. ed.), § 20-701.
§ 20-6-102. Use of identifying information in electronic or paper filing. - (a) Unless otherwise required by statute, court rule, or court order, in an electronic or paper filing with the court that contains an individual's social security number, taxpayer identification number, or birth date; the name of an individual known to be a minor; or a financial account number, a party or nonparty making the filing shall include only:
- (1) The last four (4) digits of the social security number and taxpayer identification number;
- (2) The year of the individual's birth;
- (3) The minor's initials; and
- (4) The last four (4) digits of the financial account number.
- (b) This section does not apply to filings in juvenile court.
- (c) This section does not apply to parenting plan filings pursuant to title 36, chapter 6.
History (2)
- Acts 2019, ch. 151, § 1
- 2023, ch. 124, § 1.
§ 20-6-103. Use of recycled paper. - (a) The general assembly finds and declares that there is a need to expand upon existing laws that foster the effective and efficient management of solid waste by requiring that certain documents submitted by attorneys to courts of record be submitted on recycled paper. The general assembly further finds that the expanded use of recycled paper will protect and enhance the environment and the health and safety of the citizens of this state.
- (b) As used in this section, unless the context otherwise requires:
- (1) “Document” means a pleading or other paper submitted as an appendix to a pleading by an attorney, if the document is required or permitted to be filed with a clerk of a court of record concerning an action to be commenced or that is pending before a court of record;
- (2) “Post-consumer waste” includes a product generated by a business or consumer that has served its intended end use and that has been separated from solid waste for the purpose of collection, recycling and disposition; and
- (3) “Recycled paper” means paper with not less than fifty percent (50%) of its total weight consisting of secondary and post-consumer waste and with no less than ten percent (10%) of the total weight consisting of post-consumer waste.
- (c) An attorney may not submit a document to a court of record after January 1, 1995, unless the document is submitted on recycled paper. This section applies to all papers appended to each document.
- (d) The procedures adopted to implement this section shall not impede the conduct of court business or create grounds for an additional cause of action or sanction.
- (e) A court of record may not refuse a document solely because of a failure to use recycled paper.
- (f) Nothing in this section may be construed to apply to:
- (1) Photographs;
- (2) An original document that was prepared or printed prior to January 1, 1995;
- (3) A document that was not created at the direction or under the control of the submitting attorney; or
- (4) A facsimile copy otherwise permitted to be filed with a court of record instead of an original document; provided, that if the original is also required to be filed, the original shall be submitted in compliance with this section.
- (g) This section is not applicable if recycled paper is not readily available.
History (1)
- Acts 1994, ch. 900, §§ 2, 3.
§ 20-6-104. Debt collection by subsequent creditors — Requirements to initiate action — Default judgment — Exclusions. - (a) As used in this section:
- (1) “Charge off” means a creditor's removal of a consumer debt as an asset from the creditor's financial records;
- (2) “Consumer debt” means an obligation or alleged obligation of an individual to pay money that arises out of a transaction in which the money, property, or service that is the subject of the transaction is primarily for a personal, family, or household purpose; and
- (3) “Original creditor” means a person, business, financial institution, governmental entity, or other commercial entity, including each's parents, subsidiaries, or successors in interest by name change, merger, acquisition of substantially all of each entity's assets or stock, or operation of law, that owned the consumer credit account on the date of default or on the date of charge off that gave rise to the cause of action.
- (b) In an action on consumer debt filed in a court established under title 16, chapter 15, the plaintiff shall include the following information with a civil warrant or any other leading process used to initiate the action:
- (1) A statement that the debt claim has been transferred or assigned;
- (2) The date of the transfer or assignment of the debt claim;
- (3) The name of any prior holders of the debt starting at the point of charge off; and
- (4) The name or a description of the original creditor.
- (c) Prior to an award of a default judgment on any action subject to the requirements of subsection (b), the plaintiff shall present to the court documentation sufficient to demonstrate the authority of the plaintiff to collect the debt and at least one (1) of the following that is sufficient to demonstrate the existence of the consumer debt:
- (1) An agreement signed by the consumer;
- (2) A record of a purchase, payment, or use of an account; or
- (3) A record otherwise demonstrating the debt was incurred.
- (d) The requirements of this section apply irrespective of any evidence submitted by the plaintiff, including affidavits submitted to the court in accordance with § 24-5-107.
- (e) This section does not apply to a plaintiff who is an original creditor on the consumer debt at issue or is otherwise listed as a lienholder on property securing the debt issue.
Part 2 Declarations § 20-6-201. Successive actions. - Successive actions may be maintained on the same contract or transaction whenever, after the former action, a new cause of action arises therefrom.
History (4)
- Code 1858, § 2899
- Shan., § 4620
- Code 1932, § 8743
- T.C.A. (orig. ed.), § 20-804.
§ 20-6-202. Actions on bonds. - In actions upon penal bonds or other writings for the nonperformance of any covenant or agreement contained in the penal bonds or other writings, the plaintiff may assign as many breaches as the plaintiff deems proper, and verdict and judgment may be rendered for such of the breaches as the plaintiff may prove; or, if judgment is rendered for the plaintiff on demurrer or by default, a writ of inquiry of damages shall be awarded.
History (4)
- Code 1858, § 2898
- Shan., § 4619
- Code 1932, § 8742
- T.C.A. (orig. ed.), § 20-805.
Part 3 Defensive Pleas § 20-6-301. Claims for contractual attorney fees. - (a) If a plaintiff voluntarily dismisses an action while a counterclaim is pending for contractual attorney fees, and if the plaintiff does not timely recommence the action, the court, upon proper showing, may order that the counter claimant is the prevailing party for the purpose of recovering contractual attorney fees.
- (b) This section shall only apply if the contract clause providing for attorney fees applies equally to all parties to the contract.
History (2)
- Acts 2004, ch. 853, § 1
- T.C.A. 20-6-306.
Part 4 Setoff § 20-6-401. Setoff by co-maker or surety. - A co-maker or surety, when sued alone, may, with the consent of the co-maker's or surety's co-maker or principal, use, by way of setoff, any of the debts or demands, held by the co-maker or principal against the plaintiff at the commencement of the action, and matured when offered in setoff, but the plaintiff may meet it in the same way as if made by the co-maker or principal who originally held the debts or demands.
History (5)
- Code 1858, § 2920
- Shan., § 4641
- mod. Code 1932, § 8770
- T.C.A. (orig. ed.), § 20-1003
- modified.
§ 20-6-402. Costs on equal demands. - On a plea of setoff or recoupment, if the demand of defendant equals the demand of the plaintiff, judgment for all costs is to be rendered for defendant.
History (2)
- Code 1932, § 8771
- T.C.A. (orig. ed.), § 20-1005.
§ 20-6-403. Judgment molded to facts. - When there are several defendants, the verdicts and judgments, whether the pleadings by them are joint or several, shall be molded according to the facts and to meet the exigencies of the case.
History (4)
- Code 1858, § 2923 (deriv. Acts 1855-1856, ch. 71, § 1)
- Shan., § 4644
- Code 1932, § 8773
- T.C.A. (orig. ed.), § 20-1006.
Chapter 7 Continuances § 20-7-101. Grounds — Timing. - Continuances are regulated by this chapter, and may always be granted by the court, upon good cause shown, in any stage of the action.
History (4)
- Code 1858, § 4245 (deriv. Acts 1794, ch. 1, § 26)
- Shan., § 6083
- mod. Code 1932, § 10341
- T.C.A. (orig. ed.), § 20-1101.
§ 20-7-102. Consent of parties. - Any cause may be continued by mutual consent of the parties when approved by the court, or on sufficient cause shown by affidavit.
History (3)
- Acts 1933, ch. 137, § 2
- C. Supp. 1950, § 8790.1
- T.C.A. (orig. ed.), § 20-1102.
§ 20-7-103. Terms on which granted. - The court, in so entering or in granting continuances, may impose terms upon the party at whose instance the cause has been continued, by making the party pay costs, or otherwise, as may best further the progress of the cause and the ends of justice.
History (4)
- Code 1858, § 2942 (deriv. Acts 1779 (Apr.), ch. 4, § 5)
- Shan., § 4663
- Code 1932, § 8791
- T.C.A. (orig. ed.), § 20-1103.
§ 20-7-104. Judgment for costs. - If a continuance is granted on payment of costs, the court shall enter judgment and award execution for the costs.
History (4)
- Code 1858, § 2943 (deriv. Acts 1829, ch. 33, § 4)
- Shan., § 4664
- Code 1932, § 8792
- T.C.A. (orig. ed.), § 20-1104.
§ 20-7-105. Death of party during continuance. - The death of a party shall not prevent a trial at the term at which the cause is revived.
History (4)
- Code 1858, § 2944
- Shan., § 4665
- mod. Code 1932, § 8793
- T.C.A. (orig. ed.), § 20-1105.
§ 20-7-106. Member of general assembly as attorney, party or witness in case. - Upon the motion of a member of the general assembly qualified to make such motion under this section, or the member's attorney or representative, any court, constituted under the laws of this state, any administrative board or commission or other agency authorized to conduct hearings shall grant a continuance or postponement of the proceedings, at any stage of the action, if it is shown that an attorney, party or material witness is a member of the general assembly and that:
- (1) The general assembly is in annual regular session or special session; or
- (2) The attorney, party or material witness would be required to be absent from any meeting of a legislative committee while the general assembly is not in session if a continuance is not granted.
History (3)
- Acts 1971, ch. 333, § 1
- T.C.A., § 20-1106
- Acts 1981, ch. 62, § 2.
Chapter 8 Trial Dockets § 20-8-101. Priority of causes. - (a) The clerk shall enter causes upon the clerk's trial docket in the order in which they become ready for trial, giving the cause first ready for trial, either by due course of law or consent of parties, priority of position on the docket.
- (b) If a number of causes become ready for trial at the same time, they shall be entered on the docket in the order of their commencement.
History (4)
- Code 1858, §§ 2945, 2946
- Shan., §§ 4666, 4667
- Code 1932, §§ 8794, 8795
- T.C.A. (orig. ed.), § 20-1207.
§ 20-8-102. Style of case not to be changed by clerk. - The clerk of the court shall not change the style of any cause, or papers in the cause, without permission of the chancellor or judge presiding, after the cause has been docketed.
History (4)
- Acts 1879, ch. 114, § 1
- Shan., § 4675
- Code 1932, § 8801
- T.C.A. (orig. ed.), § 20-1208.
§ 20-8-103. Order of trial. - Causes, except those given preference by law, thus docketed shall be tried and disposed of in their order, unless the parties consent to a different arrangement or rules of practice otherwise provide.
History (4)
- Code 1858, § 2947
- Shan., § 4668
- mod. Code 1932, § 8796
- T.C.A. (orig. ed.), § 20-1209.
§ 20-8-104. Apportionment of causes. - The court may, in its discretion, direct the clerk to apportion the causes for as many days of the term as may be deemed necessary for their trial and disposition. This apportionment shall not affect legal priority.
History (4)
- Code 1858, § 2948
- Shan., § 4672
- mod. Code 1932, § 8800
- T.C.A. (orig. ed.), § 20-1210.
§ 20-8-105. Public causes advanced on docket. - It is the duty of the court to advance upon the docket causes the decision of which directly involves questions concerning the public revenues, whether of state, county or municipality, questions concerning the boundaries of counties, towns or cities, or concerning public officers as to their eligibility, qualifications or appointment, or their lawful functions, so that such cause may be heard and determined with the least delay consistent with the proper investigation of such causes upon their merits.
History (5)
- Acts 1871, ch. 125, § 1
- 1879, ch. 79, § 4
- Shan., § 4671
- mod. Code 1932, § 8799
- T.C.A. (orig. ed.), § 20-1211.
§ 20-8-106. Time for trial of cases involving state. - The trial judge of any of the courts of law or equity shall appoint any time that the judge deems proper for the trial of any civil cause in which the state is a party in interest, directly or in any other way. The cause may be so specifically set for trial, without reference to its relative position on the docket.
History (4)
- Acts 1867-1868, ch. 67, §§ 6, 7
- Shan., §§ 4669, 4670
- mod. Code 1932, §§ 8797, 8798
- T.C.A. (orig. ed.), § 20-1212.
Chapter 9 Trial Part 1 Recording § 20-9-101. Appointment of court reporter. - Upon the trial of any cause or proceeding in any court of record, upon the request of either party, the judge of such court shall appoint a competent court reporter, who shall first be duly sworn to make a true, impartial and complete stenographic report of all the oral testimony given in trial of the cause or proceeding, as well as the rulings of the judge.
History (5)
- Acts 1887, ch. 217, § 1
- Shan., § 4695
- Code 1932, § 8825
- T.C.A. (orig. ed.), § 20-1304
- Acts 1994, ch. 897, § 1.
§ 20-9-103. Compensation of court reporter. - The party alone at whose instance the court reporter was employed shall be responsible for the court reporter's compensation for the work done by the court reporter.
History (5)
- Acts 1887, ch. 217, § 2
- Shan., § 4697
- Code 1932, § 8827
- T.C.A. (orig. ed.), § 20-1306
- Acts 1994, ch. 897, § 1.
§ 20-9-104. Tape recording of proceedings. - It is lawful for attorneys representing parties in proceedings in any of the courts of this state to use tape recorders as an aid in making notes of the proceedings.
History (2)
- Acts 1972, ch. 684, § 1
- T.C.A., § 20-1331.
Part 2 Jurors § 20-9-201. Calling names of jurors. - In all civil causes, before the jury is sworn, the clerk shall call over the names of the jury in the panel, in the presence and hearing of the parties and their counsel.
History (4)
- Code 1858, § 2961 (deriv. Acts 1803, ch. 2, § 5)
- Shan., § 4686
- Code 1932, § 8813
- T.C.A. (orig. ed.), § 20-1307.
§ 20-9-202. Delays in trial — Other business. - Pending the trial of any cause in any court at intervals in which jurors are being summoned, or the progress of the trial is otherwise delayed, the court may proceed with the other business of the court, but so as not to delay the cause on trial.
History (4)
- Acts 1870, ch. 20, § 1
- Shan., § 4685
- Code 1932, § 8812
- T.C.A. (orig. ed.), § 20-1308.
§ 20-9-203. Disability of juror. - (a) If, after the jury is impaneled, and before verdict, a juror becomes sick or otherwise disabled so as to be unable to perform jury duty, the juror may be discharged by the court. In such case, unless otherwise arranged by the parties, the vacancy may be filled and the trial commenced anew, or the court may, in its discretion, order the jury to be discharged and a new one impaneled.
- (b) In case of the disability of a juror or jurors, under this section, the cause may be tried and determined, by consent of parties, by the remaining jurors.
History (4)
- Code 1858, §§ 2962, 2963 (deriv. Acts 1817, ch. 99, § 1)
- Shan., §§ 4687, 4688
- Code 1932, §§ 8814, 8815
- T.C.A. (orig. ed.), § 20-1309.
Part 3 Arguments § 20-9-301. Opening statements — Right of parties to make. - In all actions of a civil or criminal nature tried before a jury, all parties to the action shall have the right prior to the presentation of any evidence in the case to make an opening statement to the court and jury setting forth their respective contentions, views of the facts and theories of the lawsuit.
History (2)
- Acts 1969, ch. 90, § 1
- T.C.A., § 20-1329.
§ 20-9-302. Declaration may be read to jury. - In the trial of any civil suit, counsel shall be permitted to read the counsel's entire declaration, including the amount sued for, to the jury at the beginning of the lawsuit, and may refer to the declaration in argument or summation to the jury.
History (2)
- Acts 1963, ch. 79, § 3
- T.C.A., § 20-1328.
§ 20-9-303. Demonstrative evidence permitted in argument. - In the trial of any civil suit, counsel for either party shall be permitted to use a blackboard, models or similar devices, also any picture, plat or exhibit introduced in evidence, in connection with the counsel's argument to the jury for the purpose of illustrating the counsel's contentions with respect to the issues that are to be decided by the jury; provided, that counsel shall not, in writing, present any argument that could not properly be made orally.
History (2)
- Acts 1963, ch. 79, § 1
- T.C.A., § 20-1326.
§ 20-9-304. Monetary value of pain and suffering permitted in argument. - In the trial of a civil suit for personal injuries, counsel shall be allowed to argue the worth or monetary value of pain and suffering to the jury; provided, that the argument shall conform to the evidence or reasonable deduction from the evidence in such case.
History (2)
- Acts 1963, ch. 79, § 2
- T.C.A., § 20-1327.
Part 4 Dismissal § 20-9-401. Dismissal against part of defendants. - The plaintiff may, at any time during the pendency of an action, dismiss as to any one (1) or more of the defendants and proceed against the others.
History (4)
- Code 1858, § 4246 (deriv. Acts 1835-1836, ch. 87, § 1)
- Shan., § 6084
- Code 1932, § 10342
- T.C.A. (orig. ed.), § 20-1310.
Part 5 Deliberation and Verdict § 20-9-501. Charge to jury in writing. - On the trial of all civil cases, it is the duty of the judge before whom the civil case is tried, at the request of either party, plaintiff or defendant, to reduce every word of the judge's charge to the jury to writing before it is delivered to the jury, and all subsequent instructions that may be asked for by the jury, or that may be given by the judge, shall, in like manner, be reduced to writing before being delivered to the jury.
History (4)
- Acts 1875, ch. 37, § 1
- Shan., § 4683
- Code 1932, § 8809
- T.C.A. (orig. ed.), § 20-1315.
§ 20-9-502. Verdict applied to good count. - If any counts in a declaration are good, a verdict for entire damages shall be applied to such good counts.
History (4)
- Code 1858, § 2969 (deriv. Acts 1801, ch. 6, § 63)
- Shan., § 4694
- Code 1932, § 8824
- T.C.A. (orig. ed.), § 20-1317.
§ 20-9-503. Scope of general verdict. - A general verdict, although it may not in terms answer every issue joined, is nevertheless held to embrace every issue, unless exception is taken at the term at which the verdict is rendered.
History (4)
- Code 1858, § 4247 (deriv. Acts 1851-1852, ch. 152, § 4)
- Shan., § 6085
- Code 1932, § 10343
- T.C.A. (orig. ed.), § 20-1318.
§ 20-9-504. Value omitted from verdict. - If the verdict in an action for specific personal property omits to find the value of the articles, the court may award a writ of inquiry to ascertain the value.
History (4)
- Code 1858, § 4248 (deriv. Acts 1801, ch. 6, § 62)
- Shan., § 6086
- Code 1932, § 10344
- T.C.A. (orig. ed.), § 20-1319.
§ 20-9-505. Verdict for part of property. - If, on an issue embracing several articles, the verdict is for part only, it is not error, but the title or claim to those articles omitted is barred.
History (4)
- Code 1858, § 4249
- Shan., § 6087
- Code 1932, § 10345
- T.C.A. (orig. ed.), § 20-1320.
§ 20-9-506. Time for decision in nonjury cases. - When any judge of any district tries a case without the intervention of a jury, whether the judge is required to reduce the judge's finding of facts to writing or not, the judge shall be required to render the judge's decision and have judgment entered in the case within sixty (60) days from the completion of the trial.
History (5)
- Acts 1903, ch. 441, § 1
- Shan., § 6087a1
- Code 1932, § 10347
- mod. C. Supp. 1950, § 10347
- T.C.A. (orig. ed.), § 20-1322.
§ 20-9-508. Poll of jury on request. - The trial judges in all courts of record in which suits are tried by juries, in both criminal and civil cases, shall be required to poll the jury on application of either the state or the defendant in criminal cases and either the plaintiff or the defendant in civil cases, without exception.
History (2)
- Acts 1955, ch. 239, § 1
- T.C.A., § 20-1324.
§ 20-9-509. Poll of jury in open court — Persons present. - (a) The juries shall not be polled otherwise than in open court.
- (b)
- (1) In felony cases they shall not be polled unless the defendant is present in open court.
- (2) In all other cases, the respective parties, either the state or the defendant in criminal cases or the plaintiff or the defendant in civil cases, may waive their presence at the time the jury is polled.
History (2)
- Acts 1955, ch. 239, § 2
- T.C.A., § 20-1325.
§ 20-9-510. Submission of exhibits to jury. - The trial judge in civil cases may, in the judge's discretion, on motion of either party, upon the judge's own motion or on request by the jury, submit all exhibits admitted in evidence to the jury for the jury's consideration during deliberations on the jury's verdict.
History (2)
- Acts 1976, ch. 792, § 1
- T.C.A., § 20-1332.
Part 6 Tennessee Court Reporter Act of 2009 § 20-9-601. Short title — Legislative findings and declarations. - (a) This part shall be known and may be cited as the “Tennessee Court Reporter Act of 2009.”
- (b) The general assembly finds and declares that it is the policy of the state to promote the skill, art and practice of court reporting in order to assure that court reporters possess the necessary skills and qualifications and that a board be established to prescribe the qualifications of court reporters and to issue licenses to persons who demonstrate their ability and fitness for the licenses. This part is intended to establish and maintain a standard of competency for individuals engaged in the practice of court reporting and for the protection of the public, in general, and for the litigants whose rights to personal freedom and property are affected by the competency of court reporters. The examination, licensing and supervision of the conduct and proficiency of court reporters are integrally related to the effective, impartial and prompt operation of the judicial system of the state.
§ 20-9-602. Part definitions. - As used in this part, unless the context otherwise requires:
- (1) “Board” means the Tennessee board of court reporting;
- (2) “Court reporting” means the making of a verbatim record by means of manual shorthand, machine shorthand, closed microphone voice dictation silencer or by electronic recording of any testimony given under oath before or for submission to, any court, referee or court examiner, by any board, commission or other body or in any other proceeding where a verbatim record is required. The taking of a deposition is the making of a verbatim record. “Court reporting” does not include the following:
- (A) Tape recordings made by attorneys or their agents under § 20-9-104, or use of video equipment and recordings by attorneys or their agents representing parties in any court proceeding, administrative law proceeding, deposition or any other proceeding;
- (B) Use of tape recorders and video equipment and recordings by judges, court officers and employees, administrative agency officials and employees, and officials and employees of any board, commission or other body; and
- (C) Attorneys conducting discovery in compliance with Rules 28, 29 and 30 of the Tennessee Rules of Civil Procedure. The written stipulation pursuant to Rule 29 shall state the licensure status, as prescribed by this part, of the person before whom the deposition is taken; and
- (3) “Licensed court reporter” or “LCR” means any person licensed pursuant to this part to practice court reporting. Licenses shall indicate the method or methods in which the applicant has successfully passed examination of the organization or organizations approved by the Tennessee board of court reporting.
§ 20-9-603. Licensure requirement — Court reporter not required at all proceedings — Exceptions. - (a) No person, except as otherwise provided by law, shall practice or attempt to practice court reporting in this state or hold the person out as a court reporter unless the person is a licensed court reporter.
- (b) Nothing in this part shall be construed to require a court reporter at any court proceeding, administrative proceeding, deposition or any other proceeding. In the event a court reporter is retained for a proceeding, then the court reporter shall be licensed under this part.
- (c) Notwithstanding any law to the contrary, a licensed court reporter is not required to be a notary public to record any court proceeding, administrative law proceeding, deposition or any other proceeding. A transcript taken and submitted by a licensed court reporter is not required to be notarized. A licensed court reporter is authorized to administer oaths and swear in witnesses.
- (d) This part shall not apply to court reporting services paid for by a federal agency or other instrumentality of the United States.
- (e) This part shall not apply to court reporting services provided pursuant to title 40.
History (2)
- Acts 2009, ch. 450, § 1
- 2010, ch. 1123, §§ 1, 2, 10.
§ 20-9-604. Creation of Tennessee board of court reporting. - (a) There is created the Tennessee board of court reporting, which shall be attached to the department of commerce and insurance, division of regulatory boards, which is authorized to administer all the administrative functions and duties of the board, except those discretionary regulatory duties and powers vested by law in the board members.
- (b)
- (1) The board shall be comprised of seven (7) members, as follows:
- (A) One (1) circuit or chancery court judge;
- (B) Two (2) attorneys licensed to practice in the state;
- (C) Two (2) freelance court reporters who practice machine shorthand;
- (D) One (1) court reporter who practices any method of court reporting; and
- (E) One (1) freelance court reporter who practices electronic court reporting, closed microphone voice dictation silencer reporting or manual shorthand reporting (pen).
- (2) All court reporter members shall be licensed pursuant to this part; provided, however, that the initial court reporters appointed shall not be required to be licensed pursuant to this part until July 1, 2010.
- (c) All members of the board shall be citizens of the United States and this state. The initial terms shall begin July 1, 2009, and all appointments shall be made by the governor prior to July 1 of each year for which appointments are to be made. The court reporter members may be appointed from lists of qualified persons submitted by interested court reporter groups, including, but not limited to, the Tennessee Court Reporters Association. The governor shall consult with such groups before making any appointments to the board.
- (d) The initial members shall serve the following terms as designated by the governor:
- (1) Three (3) members shall serve for two (2) years;
- (2) Two (2) members shall serve for three (3) years; and
- (3) Two (2) members shall serve for four (4) years.
- (e) Subsequent terms of office shall be for four (4) years. No member shall serve more than two (2) consecutive terms. In the event of a vacancy, the governor shall fill the vacancy for the unexpired term. Each member shall serve until a successor is duly appointed and qualified.
- (f) At its first meeting each calendar year, the board shall elect a chair, vice chair and secretary from its membership. No member shall be elected to serve more than two (2) consecutive years in the same office.
- (g) After the initial appointments have been made, the board shall meet during July 2009, or as soon thereafter as practicable, for the purpose of organizing and transacting business. Thereafter, the board shall meet not less than twice annually and as frequently as deemed necessary by the chair or a majority of the members. The board shall meet at a time and place designated by the board. A quorum shall consist of four (4) members.
- (h) Board members shall receive travel expenses according to the rules promulgated by the department of finance and administration and approved by the attorney general.
History (4)
- Acts 2009, ch. 450, § 1
- 2010, ch. 1123, § 11
- 2012, ch. 698, § 3
- 2015, ch. 355, § 2.
§ 20-9-605. Duties and responsibilities of the board. - The board shall have the duty and responsibility to:
- (1) Act on matters concerning competency licensure only and the process of granting, suspending, reinstating and revoking a license;
- (2) Establish and maintain requirements for the ethical behavior of court reporters, including, but not limited to, conflict of interest provisions, inappropriate relationships with a party or a party's attorney and failure to honor a contract or commitment to furnish transcripts;
- (3) Establish a procedure for the investigation of complaints against licensed court reporters;
- (4) Set a fee schedule for granting licenses and renewals of licenses;
- (5) Maintain a current registry of licensed court reporters and a current registry of temporarily licensed court reporters. Registries shall be matters of public record;
- (6) Maintain a complete record of all proceedings of the board;
- (7) Adopt continuing education requirements no later than October 1, 2010. Requirements shall be implemented no later than January 1, 2011;
- (8) Determine the content of and administer examinations to be given to applicants for licensure as licensed court reporters and issue numbered licenses to applicants found qualified;
- (9) Maintain records of its proceedings and a registry of all persons licensed by the board, which shall be a public record and open to inspection; and
- (10) In the event funds are available to the board from fees after expenses, study and, if feasible, establish the transcript reimbursement fund to assist indigent parties in obtaining transcripts.
History (2)
- Acts 2009, ch. 450, § 1
- 2010, ch. 1123, § 12.
§ 20-9-606. Complaints — Remedies. - (a) All complaints shall be in writing, signed by the person making the complaint, and addressed to the chair of the board. All complaints shall contain the name and address of the person against whom the complaint is brought and a description of the conduct giving rise to the complaint. Complaints shall be submitted within ninety (90) days of the conduct complained about, and a copy shall be provided to the licensed court reporter within five (5) business days of receipt by the board. The copy shall be sent by certified mail or by such other means of delivery to ensure that the licensed court reporter charged in the complaint receives actual notice. After investigation of the charges, the board shall determine if a hearing is warranted, dismiss the complaint, or take other action the board deems appropriate. Any hearing deemed warranted shall be conducted in accordance with the contested cases provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
- (b) The board may, when it deems appropriate, seek civil remedies at law or equity to restrain or enjoin any unauthorized practice or violation of this part.
§ 20-9-607. Rules and regulations. - The board shall promulgate rules and regulations necessary to implement, administer and otherwise effectuate the purposes of this part. All rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The rules and regulations shall be published in the standards of professional practice and made available to all licensees.
§ 20-9-608. Fines for practicing court reporting without a license. - After January 1, 2011, any person who undertakes or attempts to undertake the practice of court reporting for remuneration without first having procured a license, who knowingly presents or files false information with the board for the purpose of obtaining a license or who violates this part shall be subject to a civil fine not exceeding five hundred dollars ($500). Each day's violation is a separate offense. A person who is not licensed may not bring or maintain an action to recover fees for court reporting services that the person performed in violation of this part.
History (2)
- Acts 2009, ch. 450, § 1
- 2010, ch. 1123, §§ 3, 7.
§ 20-9-609. Qualification for licensure — Use of court reporter’s license number not authorized unless transcript produced by licensee or under licensee’s supervision — Licensee suspension of revocation for violation. - (a) To be licensed as a court reporter, an applicant shall submit proof of passage of the National Court Reporters Association registered professional reporter examination, the National Verbatim Reporters Association certified verbatim reporter examination, or the American Association of Electronic Reporters and Transcribers certified electronic court reporter examination. Applications for licensure shall be signed and sworn by the applicants and submitted on forms furnished by the board. All applicants who are found qualified to engage in the practice of court reporting pursuant to this part shall be issued a license as a licensed court reporter and an identifying number. The license shall be valid for two (2) years from the date of issuance. Notwithstanding any other law to the contrary, a licensed court reporter shall not be required to be a notary public to administer oaths to witnesses in the performance of their professional duties as a court reporter.
- (b) No licensed court reporter may authorize the use of the court reporter's license number on any transcript not produced through the court reporter's personal effort or supervision, or both. Violation of this subsection (b) may be grounds for license suspension or revocation.
§ 20-9-610. Reciprocal agreements with other entities — Application for nonresident licenses — Fees for nonresident application. - (a) The board shall enter into reciprocal agreements with any state, agency or other entity that licenses, certifies or registers court reporters, such as the National Court Reporters Association (NCRA), the National Verbatim Reporters Association (NVRA) or the American Association of Electronic Reporters and Transcribers (AAERT), if the board finds that the state, agency or other entity has substantially the same or more stringent requirements as the board.
- (b) The reciprocity agreement shall provide that the board shall license a person who is currently licensed, certified or registered in another state or by another agency or other entity if that state, agency or other entity agrees to license, certify or register any licensees licensed pursuant to this part.
- (c) Nonresident court reporters desiring to make a verbatim record of any testimony of a proceeding, the jurisdiction of which is within the courts of this state or where appeal to any court of this state is allowable by law, shall make application for a nonresident license. The applicant shall make application on the same forms as required of other applicants, shall pay a fee in an amount determined by the board and shall present proof that the applicant is a competent licensed court reporter in another state or certified by NCRA, NVRA or AAERT. The board shall issue a nonresident license upon the finding the applicant has met these requirements. The license shall be valid for a period not to exceed two (2) years from the date of issuance. A nonresident court reporter shall reapply for licensure every two (2) years. A licensure fee in an amount determined by the board shall be required.
- (d) The board shall establish fees appropriate for processing reciprocal licensing.
§ 20-9-611. Fees for licensure. - The fees for licensure pursuant to this part shall be established by the board and shall cover a two-year period from the date of issuance or renewal of the license. All licenses shall expire June 30 in the year of expiration and all renewals will be effective July 1; provided, however, an initial license not issued on July 1 shall be valid from the date of issuance until June 30 of the second year from the June 30 preceding the date of issuance. All moneys collected pursuant to this part shall be deposited into the board of court reporting fund. All expenses incurred by the board in implementing and administering this part shall be paid out of the fund; provided, that the expenses of the board shall not be in excess of the moneys in the fund. The board may charge and collect the following fees, which shall be deposited into the fund:
- (1) An application fee for a temporary or regular license;
- (2) An examination fee, if applicable;
- (3) A renewal fee for a temporary or regular license; however, if the initial license was held for less than one (1) year, then the renewal fee is reduced by fifty percent (50%);
- (4) A reinstatement fee for any application for reinstatement of a temporary or regular license that has been revoked or suspended; and
- (5) A late renewal fee for the renewal of a license after the due date, which shall be payment of the renewal fee plus a penalty as set by the board for each month that elapses before payment is tendered; provided, however, that delinquency of more than six (6) months shall result in revocation of licensure.
History (3)
- Acts 2009, ch. 450, § 1
- 2010, ch. 1123, § 4
- 2021, ch. 549, §§ 1, 2.
§ 20-9-612. License renewal — Continuing education — Notification of change of address. - (a) Each person licensed pursuant to this part shall apply for renewal of the license pursuant to dates established by the board. A renewal fee in an amount determined by the board shall be paid for renewal of the license for a two-year period.
- (b) The board shall require specific continuing education as a condition for license renewal. In order to maintain licensure, all licensed court reporters and holders of a nonresident certificate will be required to obtain a minimum of two (2.0) continuing education credits over a two-year period in courses approved by the board or in compliance with the continuing education requirements of approved national or state associations. The two-year period will begin on July 1 of the year during which the reporter is initially licensed. No credits may be carried over to the following two-year term. The continuing education requirements described in this subsection (b) are waived in the case of renewals of initial licenses held for less than one (1) year.
- (c) The board may provide for the late renewal of a license that has lapsed and may require the payment of a late fee or an examination, or both, prior to issuing a renewal license.
- (d) Licensees shall notify the board in writing of any change of address within thirty (30) days of the change.
History (2)
- Acts 2009, ch. 450, § 1
- 2021, ch. 549, § 3.
§ 20-9-613. Applications for grandfathering licensure to practice as court reporter — Automatic granting of licensure. - (a) Any person who is engaged in the practice of court reporting on or before January 1, 2010, and who:
- (1) Provides to the board an affidavit setting forth past education and work experience as a court reporter and:
- (A) An affidavit of a judge for whom the person has worked as an official court reporter;
- (B) Affidavits of three (3) licensed attorneys; or
- (C) Affidavits of two (2) licensed attorneys and one (1) court reporting firm owner, unrelated by blood or marriage to the person, and who have utilized the services of the court reporter or the affidavit of the court reporting firm owner may state that the applicant has engaged in the practice of court reporting, which attest to the court reporter's proficiency in court reporting;
- (2) Provides proof of passage of the National Court Reporters Association Registered Professional Reporter examination, the National Verbatim Reporters Association Certified Verbatim Reporter examination, or the American Association of Electronic Reporters and Transcribers Certified Electronic Court Reporter examination; or
- (3) Provides proof of a court reporter license issued by any state; provided, that the state has the same or more stringent requirements of this chapter;
- and upon payment of a fee in an amount determined by the board, shall be licensed to practice as a court reporter.
- (b)
- (1) Any member in good standing of the Tennessee Court Reporters Association who holds the certified court reporter examination designation on or before January 1, 2010, upon payment of the licensure fee in an amount determined by the board, shall be automatically granted a license pursuant to this part and thereby may practice as a court reporter.
- (2) Any member in good standing of the Tennessee Court Reporters Association who holds the certified court reporter designation on or before January 1, 2010, and does not apply for licensure within one (1) year of July 1, 2010, shall be required to pass the licensed court reporter examination and pay applicable licensure fees in order to become a licensed court reporter.
- (3) Any member in good standing of the Tennessee Court Reporters Association who holds the registered professional reporter designation, or higher, from the NCRA, NVRA or AAERT on or before January 1, 2010, upon payment of the licensure fee in an amount determined by the board, shall be automatically granted a license pursuant to this part and thereby may practice as a court reporter.
- (c) The deadline for receiving applications under subsections (a) and (b) shall be July 1, 2011.
- (d) On or before October 1, 2012, any person who provides satisfactory proof that such person graduated from a court reporting program in this state prior to January 1, 2012, shall be licensed to practice as a court reporter.
History (3)
- Acts 2009, ch. 450, § 1
- 2010, ch. 1123, §§ 5, 6
- 2012, ch. 960, § 1.
§ 20-9-614. Temporary license upon proof of graduation from court reporting program. - Any person who provides to the board satisfactory proof of graduation from a court reporting program or its equivalent shall, upon application to the board on forms approved by the board and payment of a fee in an amount determined by the board, be issued a temporary license to practice as a court reporter. This temporary license shall expire sixty (60) days following the date upon which the next board-approved examination for licensure is given. No more than three (3) additional temporary licenses shall be issued to any applicant who fails to pass the scheduled examination for licensure.
§ 20-9-615. Inactive status. - The board shall establish an inactive status for persons who are not actively engaged in the practice of court reporting.
§ 20-9-616. Disposition and disbursement of moneys collected — Budget — Contracting for services. - (a) Notwithstanding any other law to the contrary, all moneys collected pursuant to this part shall be deposited in the state treasury in a separate fund to be known as the Tennessee board of court reporting fund.
- (b) Disbursements from this fund shall be made solely for the purpose of defraying expenses incurred in the implementation and enforcement of this part.
- (c) No such expenses shall be payable from the general fund of the state; except for the initial expenses of the board prior to the collection of licensure fees sufficient to defray such expenses.
- (d) Any part of the Tennessee board of court reporting fund remaining at the end of a fiscal year shall not revert to the general fund of the state, but shall be carried forward until expended in accordance with this part.
- (e) The board shall budget annually, in advance, its expenditures for programs, services, allocated overhead or chargebacks and other normal operating expenses as determined by the board. These expenditures so established shall be budgeted at the beginning of the fiscal year by the board, not to exceed the fees to be received by the board, including the excesses accumulated in the fund of the board. The commissioner of finance and administration shall inform the board annually, in advance for budgeting purposes, of the allocation of all overhead or chargebacks to the board.
- (f) Subject to approval of the comptroller of the treasury and the commissioner of finance and administration, the board may also contract for services to carry out this part.
History (2)
- Acts 2009, ch. 450, § 1
- 2010, ch. 1123, § 8.
Chapter 10 Additur and Remittitur § 20-10-101. Additur. - (a)
- (1) In cases where, in the opinion of the trial judge, a jury verdict is not adequate to compensate the plaintiff or plaintiffs in compensatory damages or punitive damages, the trial judge may suggest an additur in such amount or amounts as the trial judge deems proper to the compensatory or punitive damages awarded by the jury, or both such classes of damages.
- (2) If the additur is accepted by the defense, it shall then be ordered by the trial judge and become the verdict, and if not accepted, the trial judge shall grant the plaintiff's motion for a new trial because of the inadequacy of the verdict upon proper motion being made by the plaintiff.
- (b)
- (1) In all jury trials had in civil actions, after the verdict has been rendered and on motion for a new trial, when the trial judge is of the opinion that the verdict in favor of a party should be increased and an additur is suggested by the trial judge on that account, with the proviso that in case the party against whom the verdict has been rendered refuses to make the additur, a new trial will be awarded, the party against whom such verdict has been rendered may make such additur under protest, and appeal from the action of the trial judge to the court of appeals.
- (2) The court of appeals shall review the action of the trial court suggesting an additur using the standard of review provided for in the Tennessee Rules of Appellate Procedure 13(d) applicable to decisions of the trial court sitting without a jury. If the court of appeals is of the opinion that the verdict of the jury should not have been increased or that the amount of the additur is improper, but that the judgment of the trial court is correct in all other respects, the case shall be reversed to that extent, and the court of appeals may order remitted all or any part of the additur.
History (4)
- Acts 1969, ch. 137, § 1
- 1970, ch. 590, § 1
- T.C.A., § 20-1330
- Acts 1987, ch. 232, § 1.
§ 20-10-102. Remittitur. - (a) In all jury trials had in civil actions, after the verdict has been rendered and on motion for a new trial, when the trial judge is of the opinion that the verdict in favor of a party should be reduced and a remittitur is suggested by the trial judge on that account, with the proviso that in case the party in whose favor the verdict has been rendered refuses to make the remittitur, a new trial will be awarded, the party in whose favor such verdict has been rendered may make such remittitur under protest, and appeal from the action of the trial judge to the court of appeals.
- (b) The court of appeals shall review the action of the trial court suggesting a remittitur using the standard of review provided for in T.R.A.P. 13(d) applicable to decisions of the trial court sitting without a jury. If, in the opinion of the court of appeals, the verdict of the jury should not have been reduced, but the judgment of the trial court is correct in other respects, the case shall be reversed to that extent, and judgment shall be rendered in the court of appeals for the full amount originally awarded by the jury in the trial court.
History (7)
- Acts 1911, ch. 29, § 1
- Shan., § 4852a1
- Code 1932, § 8987
- Acts 1949, ch. 253, § 1
- C. Supp. 1950, § 8987
- T.C.A. (orig. ed.), § 27-118
- Acts 1987, ch. 232, § 2.
§ 20-10-103. Remittitur under protest — Review by supreme court. - (a) If the judgment of the trial court with regard to a remittitur is affirmed in the court of appeals, so that a party is required to make a remittitur or suffer a new trial, as in the judgment of the trial court, or if, by the opinion of the court of appeals, a further or a larger remittitur is required of the party in whose favor the verdict was rendered, or if after the case was tried in the lower court by the trial judge without a jury, or if after the case was tried in the lower court with a jury and no remittitur was suggested by the trial judge, a remittitur is first suggested or required in the court of appeals, on penalty of granting a new trial, then in each and all of these events the party in whose favor the verdict or judgment has been rendered may make the remittitur under protest in the court of appeals, and take the case, by application for permission to appeal, for review upon that point, to the supreme court.
- (b) If, in the opinion of the supreme court, the verdict should not have been reduced, and the court of appeals was in error in affirming the action of the trial court as to the remittitur, or if the court of appeals was, itself, in error in suggesting a remittitur for the first time in that court, or in suggesting a further or larger remittitur than that suggested in the trial court, and if the judgment is otherwise correct, the case shall be reversed to that extent, and judgment shall be rendered in the supreme court for the full amount originally awarded by the jury or the trial judge sitting without a jury, as the case may be.
History (7)
- Acts 1911, ch. 29, § 2
- Shan., § 4852a2
- Code 1932, § 8988
- Acts 1949, ch. 253, § 2
- C. Supp. 1950, § 8988
- T.C.A. (orig. ed.), § 27-119
- Acts 1981, ch. 449, § 2.
Chapter 12 Costs § 20-12-101. Recovery by successful party. - The successful party in all civil actions is entitled to full costs, unless otherwise directed by law or by a court of record, for which judgment shall be rendered.
History (4)
- Code 1858, § 3197 (deriv. Acts 1794, ch. 1, § 74)
- Shan., § 4938
- mod. Code 1932, § 9091
- T.C.A. (orig. ed.), § 20-1601.
§ 20-12-102. Litigation tax. - Litigation taxes shall be payable as required by §§ 67-4-602 — 67-4-606. A successful plaintiff in any civil action shall be reimbursed by the defendant for any litigation tax incurred, in the same manner as are costs.
History (6)
- Code 1958, § 551
- Shan., § 706
- Code 1932, § 1257
- Acts 1961, ch. 310, § 1
- T.C.A. (orig. ed.), § 20-1602
- Acts 1982, ch. 925, § 1.
§ 20-12-103. Copies of records. - The necessary fees paid by the successful party in procuring copies of deeds, bonds, wills or other records filed as part of the testimony shall be taxed in the bill of costs.
History (4)
- Code 1858, § 3206 (deriv. Acts 1849-1850, ch. 116, § 2)
- Shan., § 4948
- Code 1932, § 9101
- T.C.A. (orig. ed.), § 20-1603.
§ 20-12-104. Postage. - Postage or expressage paid by the officers of the court, or by the parties in sending process, depositions and other papers, being part of the record, by mail or express, shall be taxed in the bill of costs.
History (4)
- Code 1858, § 3207 (deriv. Acts 1841-1842, ch. 129, § 7)
- Shan., § 4949
- mod. Code 1932, § 9102
- T.C.A. (orig. ed.), § 20-1604.
§ 20-12-105. Number of witnesses. - (a) Not more than two (2) witnesses called to prove the same fact shall be taxed in any bill of costs against the losing party, except in case of witnesses called to attack or sustain the character of a witness or party.
- (b) If more than the number of witnesses allowed are examined in proof of any particular fact, a motion shall be made at the term at which the cause is tried, and the court shall instruct the clerk as to the taxation of costs. The motion shall not be made afterwards without good cause shown.
History (5)
- Code 1858, §§ 3213, 3214 (deriv. Acts 1783, ch. 11, § 4)
- Acts 1859-1860, ch. 35, § 1
- Shan., §§ 4955, 4956
- Code 1932, §§ 9108, 9109
- T.C.A. (orig. ed.), § 20-1605.
§ 20-12-106. Dismissal — Compromise. - Suits may be dismissed, in writing, out of term time as well as in term, and further costs stopped. If compromised and dismissed before the return day of the original writ, or before the court to which an appeal is taken from the judgment of a court of general sessions, no costs, except the clerk's fee for issuing the writ and the sheriff's fee for serving it, if served, shall be taxed.
History (5)
- Code 1858, § 3199 (deriv. Acts 1826, ch. 28, § 1)
- Shan., § 4940
- Code 1932, § 9093
- impl. am. Acts 1979, ch. 68, § 3
- T.C.A. (orig. ed.), § 20-1606.
§ 20-12-107. Omitted costs. - Costs omitted in taxing the bills of costs may be retaxed at any time upon application to the court; but if the judgment for costs has been paid, the party against whom the retaxation is asked shall have five (5) days' notice of the application.
History (4)
- Code 1858, § 3211 (deriv. Acts 1855-1856, ch. 70, § 1)
- Shan., § 4953
- Code 1932, § 9106
- T.C.A. (orig. ed.), § 20-1607.
§ 20-12-108. Correction of erroneous taxation. - If the taxation of costs is excessive by charging the costs of witnesses who were not examined or by charging costs to an improper party, or taxing costs contrary to law, or the taxation is otherwise erroneous, the party aggrieved may move the court for a retaxation, setting forth the particulars in which the clerk has erred.
History (4)
- Code 1858, § 3212
- Shan., § 4954
- Code 1932, § 9107
- T.C.A. (orig. ed.), § 20-1608.
§ 20-12-109. Charged against real plaintiff. - Where suit is brought in the name of one for the use of another, the person for whose use the action is brought is the real plaintiff, against whom judgment for costs shall be given.
History (5)
- Code 1858, § 3200 (deriv. Acts 1825, ch. 29, § 1
- 1825, ch. 45, § 5)
- Shan., § 4941
- Code 1932, § 9094
- T.C.A. (orig. ed.), § 20-1609.
§ 20-12-110. Dismissal, abatement or discontinuance. - In cases of nonsuit, dismissal, abatement by death of plaintiff or discontinuance, the defendant is the successful party, within the meaning of § 20-12-101.
History (4)
- Code 1858, § 3201 (deriv. Acts 1794, ch. 1, § 74)
- Shan., § 4942
- Code 1932, § 9095
- T.C.A. (orig. ed.), § 20-1610.
§ 20-12-111. Appeal from general sessions court. - If the appeal of the defendant from a judgment of a court of general sessions is dismissed for any cause, the original plaintiff is the successful party, and so of other cases.
History (5)
- Code 1858, § 3202
- Shan., § 4943
- Code 1932, § 9096
- impl. am. Acts 1979, ch. 68, § 3
- T.C.A. (orig. ed.), § 20-1611.
§ 20-12-112. Jurisdictional defects — Irregular transfer. - Where a suit is dismissed from any court for want of jurisdiction or because it has not been regularly transferred from an inferior to a superior court, the costs shall be adjudged against the party attempting to institute or bring up the cause.
History (4)
- Code 1858, § 3215 (deriv. Acts 1832, ch. 5)
- Shan., § 4957
- Code 1932, § 9110
- T.C.A. (orig. ed.), § 20-1612.
§ 20-12-113. Abatement of action. - When a plaintiff suffers the plaintiff's action to abate by the death of the defendant or other cause, or where the suit abates by the death of the plaintiff and the plaintiff's representatives fail to revive the action, judgment for costs may be rendered against the plaintiff or representatives in the name of the officers of court, or any of them, and, if against a representative, shall be paid as other claims against the estate.
History (4)
- Code 1858, § 3209
- Shan., § 4951
- mod. Code 1932, § 9104
- T.C.A. (orig. ed.), § 20-1613.
§ 20-12-114. Nominal damages recovered. - In civil actions founded upon assault, assault and battery, malicious prosecution, false imprisonment or for the recovery of damages for overflowing of water by the erection of a gristmill or other waterworks of utility, the plaintiff recovers no more costs than damages, unless the recovery exceeds five dollars ($5.00).
History (7)
- Code 1858, § 3198 (deriv. Acts 1715, ch. 27, § 8
- 1811, ch. 91, § 1
- 1829, ch. 1, § 1
- 1851-1852, ch. 146)
- Shan., § 4939
- mod. Code 1932, § 9092
- T.C.A. (orig. ed.), § 20-1616.
§ 20-12-115. Actions for overflow of water. - In all suits for the recovery of damages occasioned by the overflowing of water by the erection of a dam for a grist or saw mill or other waterworks of utility, the plaintiff, if successful, shall be entitled to full costs, unless the plaintiff's damages do not exceed five dollars ($5.00), in which case the plaintiff shall not recover more costs than damages.
History (5)
- Code 1858, § 3404 (deriv. Acts 1794, ch. 1, § 74
- 1851-1852, ch. 146, § 1)
- Shan., § 5159
- Code 1932, § 9318
- T.C.A. (orig. ed.), § 20-1617.
§ 20-12-116. Usury. - If it appears in the action that usurious interest has been intentionally taken or reserved, the person taking or reserving such usury shall pay full costs.
History (4)
- Code 1858, § 3205
- Shan., § 4947
- Code 1932, § 9100
- T.C.A. (orig. ed.), § 20-1618.
§ 20-12-117. Taxation between defendants. - The defendants against whom judgment has been recovered are entitled, as between themselves, to a taxation of the costs of witnesses whose testimony was obtained at the instance of one (1) of the defendants and inured exclusively to the defendant's benefit.
History (4)
- Code 1858, § 3210 (deriv. Acts 1851-1852, ch. 178, § 2)
- Shan., § 4952
- Code 1932, § 9105
- T.C.A. (orig. ed.), § 20-1619.
§ 20-12-118. Cases not expressly covered. - If any case occurs not directly or by fair implication embraced in the express provisions of the law, the court may make such disposition of the costs as, in its sound discretion, may seem right.
History (4)
- Code 1858, § 3220
- Shan., § 4962
- Code 1932, § 9115
- T.C.A. (orig. ed.), § 20-1620.
§ 20-12-119. Discretion of judge. - (a) In all civil cases, whether tried by a jury or before the court without a jury, the presiding judge shall have a right to adjudge the cost.
- (b) In doing so, the presiding judge shall be authorized, in the presiding judge's discretion, to apportion the cost between the litigants, as in the presiding judge's opinion the equities of the case demand.
- (c)
- (1) Notwithstanding subsection (a) or (b), in a civil proceeding, where a trial court grants a motion to dismiss pursuant to Rule 12 of the Tennessee Rules of Civil Procedure for failure to state a claim upon which relief may be granted, the court shall award the party or parties against whom the dismissed claims were pending at the time the successful motion to dismiss was granted the costs and reasonable and necessary attorney's fees incurred in the proceedings as a consequence of the dismissed claims by that party or parties. The awarded costs and fees shall be paid by the party or parties whose claim or claims were dismissed as a result of the granted motion to dismiss.
- (2) Costs shall include all reasonable and necessary litigation costs actually incurred due to the proceedings that resulted from the filing of the dismissed claims, including, but not limited to:
- (A) Court costs;
- (B) Attorneys' fees;
- (C) Court reporter fees;
- (D) Interpreter fees; and
- (E) Guardian ad litem fees.
- (3) An award of costs pursuant to this subsection (c) shall be made only after all appeals of the issue of the granting of the motion to dismiss have been exhausted and if the final outcome is the granting of the motion to dismiss. The award of costs and attorneys' fees pursuant to this section shall be stayed until a final decision which is not subject to appeal is rendered.
- (4) Notwithstanding any other provision of this section, the court shall not require a party to pay costs under this section in excess of a combined total of ten thousand dollars ($10,000) in any single lawsuit. Where multiple parties are entitled to recover their costs from a single party under this section and those parties’ combined actual costs under this section exceed ten thousand dollars ($10,000), then the court shall apportion the awarded costs to the moving parties in proportion to the amount of each moving party’s incurred costs unless agreed otherwise by the moving parties. Nothing in this section shall be construed to limit the award of costs as provided for in other sections of the code or at common law.
- (5) This subsection (c) shall not apply to:
- (A) Actions by or against the state, other governmental entities, or public officials acting in their official capacity or under color of law;
- (B) Any claim that is dismissed by the granting of a motion to dismiss that was filed more than sixty (60) days after the moving party received service of the latest complaint, counter-complaint or cross-complaint in which that dismissed claim was made;
- (C) Any claim that the party against whom the motion to dismiss was filed withdrew, or in good faith amended to state a claim upon which relief may be granted; however, this subdivision (c)(5)(C) shall not apply unless a pleading providing notice of the withdrawal or amendment was filed with the court and delivered to the opposing party or parties at least three (3) days before the date set for the hearing of the motion to dismiss or by the deadline for the filing of a response to the motion to dismiss, whichever is earlier. Nothing in this section shall be construed to prevent a party from striking its own motion to dismiss;
- (D) Actions by pro se litigants, except where the court also finds that the pro se party acted unreasonably in bringing, or refusing to voluntarily withdraw, the dismissed claim;
- (E) Any claim which is a good faith, nonfrivolous claim filed for the express purpose of extending, modifying, or reversing existing precedent, law or regulation, or for the express purpose of establishing the meaning, lawfulness or constitutionality of a law, regulation or United States or Tennessee constitutional right where the meaning, lawfulness or constitutionality is a matter of first impression that has not been established by precedent in a published opinion by the Tennessee supreme court, court of appeals, court of criminal appeals, a United States district court in Tennessee, or by the United States supreme court. This subdivision (c)(5)(E) shall not apply unless at the time the successful motion to dismiss was filed the party that made the dismissed claim had specially pleaded in its latest complaint, counter-complaint or cross-complaint that the dismissed claim was made for one (1) of the express purposes listed above and cited the contrary precedent or interpretation the party seeks to distinguish or overcome, or whether the issue to be decided is a matter of first impression as described in this subdivision (c)(5)(E); or
- (F) Any claim for which relief could be granted under a law, a court precedent published by a court described in subdivision (c)(5)(E), or a regulation, that was in effect and applicable to the claim at the time the motion to dismiss was filed; where that law, precedent or regulation was cited in the pleading in which the dismissed claim was made or in the response to the motion to dismiss; and where the motion to dismiss the claim was granted due to the subsequent repeal, amendment, overruling or distinguishing of that law, regulation or published court precedent.
- (6) This section shall not be construed to limit the ability of any court to dismiss a claim or assess costs against a party whose claim has been dismissed, where permitted or required by other law, court rule or at common law.
History (5)
- Acts 1917, ch. 107, § 1
- Shan., § 4962a1
- Code 1932, § 9116
- T.C.A. (orig. ed.), § 20-1621
- Acts 2012, ch. 1046, § 1.
§ 20-12-120. Security given by plaintiff. - No leading process shall issue from any court without security being given by the party at whose instance the action is brought for the successful prosecution of the party's action, and, in case of failure, for the payment of court costs and taxes that may be awarded against the party, unless in cases and instances specially excepted.
History (6)
- Code 1858, § 3187 (deriv. Acts 1787, ch. 19, § 1)
- Shan., § 4923
- mod. Code 1932, § 9075
- T.C.A. (orig. ed.), § 20-1622
- Acts 1994, ch. 967, § 1
- 1999, ch. 191, § 1.
§ 20-12-121. Failure to take security. - Any clerk who neglects to take the security required by § 20-12-120 is liable on the clerk's official bond to all persons aggrieved by the neglect.
History (4)
- Code 1858, § 3188 (deriv. Acts 1787, ch. 19, § 3)
- Shan., § 4924
- Code 1932, § 9076
- T.C.A. (orig. ed.), § 20-1623.
§ 20-12-122. Actions commenced by petition or motion. - In any action commenced by petition or motion, the plaintiff may be required to give security.
History (4)
- Code 1858, § 3189 (deriv. Acts 1826, ch. 29, § 1)
- Shan., § 4925
- Code 1932, § 9077
- T.C.A. (orig. ed.), § 20-1624.
§ 20-12-123. Appeals from general sessions court. - The plaintiff in an action commenced before a judge of the court of general sessions, shall, on motion, be ruled to give security or further security in the circuit court, to which the cause may be taken for the correction of errors.
History (5)
- Code 1858, § 3190 (deriv. Acts 1813, ch. 131, § 2)
- Shan., § 4926
- mod. Code 1932, § 9078
- impl. am. Acts 1979, ch. 68, § 3
- T.C.A. (orig. ed.), § 20-1625.
§ 20-12-124. Rule to give security. - Any person required by law to give security for costs may, at any stage of the cause, be ruled to give such security, if it has not previously been done, or to justify or give new or additional security on sufficient cause shown.
History (4)
- Code 1858, § 3191 (deriv. Acts 1829, ch. 33, § 2)
- Shan., § 4927
- mod. Code 1932, § 9079
- T.C.A. (orig. ed.), § 20-1626.
§ 20-12-125. Terms of bond. - In all cases of bonds, for the prosecution of original suits, or where security is taken or recorded in any court, sufficient security shall be taken by the clerk to pay all costs that may be at any time adjudged against the principal, in the event they are not paid by the principal. Notwithstanding any other law to the contrary, where an attorney undertakes to serve as surety after July 1, 1999, such surety shall only be obligated for amounts required by law or included in the clerk's bill of costs, and shall not be responsible for discretionary costs. In such instances, the clerk may require an additional surety other than the attorney as may be necessary to secure payment for discretionary costs.
History (7)
- Acts 1859-1860, ch. 120, § 1
- Shan., § 4935
- Code 1932, § 9088
- impl. am. Acts 1979, ch. 68, § 3
- T.C.A. (orig. ed.), § 20-1627
- Acts 1981, ch. 449, § 2
- 1999, ch. 207, § 1.
§ 20-12-126. Omission of provisions from bond. - No omission or neglect to insert the proper conditions in the bonds shall vitiate or impair the validity of the bonds.
History (4)
- Acts 1859-1860, ch. 120, § 3
- Shan., § 4937
- Code 1932, § 9090
- T.C.A. (orig. ed.), § 20-1628.
§ 20-12-127. Pauper's oath. - (a) Any civil action may be commenced by a resident of this state without giving security as required by law for costs and without the payment of litigation taxes due by:
- (1) Filing the following oath of poverty:
- I, , do solemnly swear under penalties of perjury, that owing to my poverty, I am not able to bear the expense of the action which I am about to commence, and that I am justly entitled to the relief sought, to the best of my belief;
- and
- (2) Filing an accompanying affidavit of indigency as prescribed by court rule.
- (b) The filing of a civil action without paying the costs or taxes or giving security for the costs or taxes does not relieve the person filing the action from responsibility for the costs or taxes but suspends their collection until taxed by the court.
History (12)
- Code 1858, § 3192 (deriv. Acts 1821, ch. 22, §§ 1, 2
- 1829, ch. 88, § 1)
- Acts 1891, ch. 221, § 1
- 1897, ch. 100, § 1
- 1901, ch. 126, § 1
- 1903, ch. 197, § 1
- Shan., § 4928
- Code 1932, § 9080
- Acts 1957, ch. 20, § 1
- T.C.A. (orig. ed.), § 20-1629
- Acts 1983, ch. 393, § 1
- 1995, ch. 242, § 1.
§ 20-12-128. Guardian's or conservator's oath — Protection from liability. - (a) The next friend or any person who has been appointed by any court guardian, guardian ad litem or conservator of any person adjudicated incompetent or infant, may commence and prosecute an action, suit or cross suit or appeal without giving bond or security for costs, by taking and subscribing an oath that the next friend, guardian, guardian ad litem or conservator has no property of the person adjudicated incompetent or infant, out of which to bear the expense of such action, and that the next friend, guardian, guardian ad litem or conservator verily believes that such person adjudicated incompetent or infant is justly entitled to the redress sought. The next friend or person may also file an accompanying affidavit of indigency as prescribed by court rule. The filing of such a civil action without paying the costs or taxes or giving security for the costs or taxes does not relieve the responsibility for the costs and taxes, but merely suspends their collection until taxed by the court.
- (b) The guardian, guardian ad litem or conservator shall not incur any personal liability for such action, unless the court finds that the step was not taken in good faith.
History (8)
- Acts 1871, ch. 111, § 1
- 1907, ch. 25, § 1
- Shan., § 4929
- Acts 1929, ch. 19, § 1
- mod. Code 1932, § 9081
- T.C.A. (orig. ed.), § 20-1630
- Acts 1995, ch. 242, § 2
- 2011, ch. 47, § 15.
§ 20-12-129. Next friend's oath. - A person acting as the next friend of an infant may on like terms prosecute a suit or appeal for the infant in forma pauperis, upon taking and subscribing an oath that the infant, in whose behalf the action or suit is begun, is not able, and has not sufficient property, to bear the expenses of the action or suit about to be commenced, by filing an accompanying affidavit of indigency as prescribed by court rule and that the infant is justly entitled to the relief sought, to the best of the next friend's belief.
History (5)
- Acts 1889, ch. 105, § 1
- Shan., § 4930
- mod. Code 1932, § 9082
- T.C.A. (orig. ed.), § 20-1631
- Acts 1995, ch. 242, § 3.
§ 20-12-130. Personal representative's oath — Protection from liability. - (a) Any personal representative of the estate of any deceased person in this state may commence and prosecute any action or suit, or appeal, in favor of the estate represented by the personal representative, in any court without giving bond and security for costs, by taking and subscribing an oath that the personal representative, as such personal representative, has no property belonging to the estate of the deceased out of which to bear the expenses of the action or suit by filing of an accompanying affidavit of indigency as prescribed by court rule, and that the personal representative verily believes that the estate, for the benefit of which the action or suit is brought, is justly entitled to the redress sought. The filing of such a civil action without paying the costs or taxes or giving security for the costs or taxes does not relieve the responsibility for the costs or taxes, but merely suspends their collection until taxed by the court.
- (b) In such case the personal representative shall not incur any personal liability, unless the court trying the case should be of the opinion and adjudge that the action was frivolous or malicious.
History (5)
- Acts 1897, ch. 133
- Shan., § 4930a2
- mod. Code 1932, § 9083
- T.C.A. (orig. ed.), § 20-1632
- Acts 1995, ch. 242, § 4.
§ 20-12-131. Duties of officers and witnesses in cases in forma pauperis. - In the cases provided for by §§ 20-12-127 — 20-12-130, the clerks and other officers of court shall perform all the usual duties required in the progress of an action or suit, and the witnesses shall attend, as in other cases, unless their depositions are taken under the provisions of this code.
History (4)
- Code 1858, § 3193 (deriv. Acts 1821, ch. 22, §§ 1, 4)
- Shan., § 4931
- Code 1932, § 9084
- T.C.A. (orig. ed.), § 20-1633.
§ 20-12-132. Dismissal of pauper's action. - (a) If it is made to appear to the court, at any time before the trial, that the allegation of poverty is probably untrue, or the cause of action frivolous or malicious, the action may be dismissed.
- (b) The burden shall be upon a pauper to justify the pauper's oath.
History (5)
- Code 1858, § 3194 (deriv. Acts 1821, ch. 22, § 5)
- Shan., § 4932
- mod. Code 1932, § 9085
- T.C.A. (orig. ed.), § 20-1634
- Acts 1995, ch. 242, § 5.
§ 20-12-133. Judgment against pauper. - On failure, for any reason, to prosecute the action or suit with effect, judgment or decree shall be given against such poor persons, and execution awarded, as in other cases.
History (4)
- Code 1858, § 3195 (deriv. Acts 1829, ch. 88, § 1)
- Shan., § 4933
- Code 1932, § 9086
- T.C.A. (orig. ed.), § 20-1635.
§ 20-12-134. Payment by state. - In all cases where any civil action is brought on behalf of the state, in law or equity, and the state is adjudged to pay all costs, the costs shall be paid out of the treasury, upon the costs being properly certified.
History (4)
- Acts 1859-1860, ch. 76, § 2
- Shan., § 4963
- Code 1932, § 9117
- T.C.A. (orig. ed.), § 20-1636.
§ 20-12-135. Judgment against surety. - When security is given, judgment may, on motion, be rendered against the surety for costs, as well as against the principal. Judgment against an attorney as surety, for security taken or recorded after July 1, 1999, shall extend only to amounts required by law or included in the clerk's bill of costs, and shall not include discretionary costs.
History (5)
- Code 1858, § 3196 (deriv. Acts 1847-1848, ch. 62, § 1)
- Shan., § 4934
- Code 1932, § 9087
- T.C.A. (orig. ed.), § 20-1637
- Acts 1999, ch. 207, § 2.
§ 20-12-136. Execution against principal and surety. - Where the costs in any case in a court of record, or before a judge of the court of general sessions, are adjudged against a party, judgment shall be rendered jointly against the party and the party's sureties, but the execution issued on the costs shall be collected from the party, if it can be. If execution cannot be collected from the party, then it shall be collected from the sureties. Execution issued against an attorney as surety, for security taken or recorded after July 1, 1999, shall collect only the amounts required by law or included in the clerk's bill of costs, and shall not include discretionary costs.
History (6)
- Acts 1859-1860, ch. 120, § 2
- Shan., § 4936
- Code 1932, § 9089
- impl. am. Acts 1979, ch. 68, § 3
- T.C.A. (orig. ed.), § 20-1638
- Acts 1999, ch. 207, § 3.
§ 20-12-137. Recovery from successful party. - All costs in civil actions accrued at the instance of the successful party that cannot be collected out of the other party may be recovered, on motion, by the person entitled to them, against the successful party and the surety on the successful party's cost bond.
History (6)
- Code 1858, § 3204 (deriv. Acts 1847-1848, ch. 62, § 2)
- Shan., § 4945
- mod. Code 1932, § 9098
- Acts 1939, ch. 62, § 1
- C. Supp. 1950, § 9098
- T.C.A. (orig. ed.), § 20-1639.
§ 20-12-138. Notice of motion against successful party. - In all civil cases, when motions are made against the successful party for costs accrued at the successful party's instance, and that cannot be collected from the other party, five (5) days' written notice of the time and place, and the court before which the motion is to be made, shall be given to the defendant in the motion.
History (4)
- Acts 1879, ch. 113, § 1
- Shan., § 4946
- mod. Code 1932, § 9099
- T.C.A. (orig. ed.), § 20-1640.
§ 20-12-139. Bill of costs on appeal. - In case of appeals from the circuit or chancery court, the clerk shall make out a complete bill of costs, which shall accompany the record, and a copy of the bill of costs shall be placed upon the execution docket of the court below.
History (4)
- Code 1858, § 3216
- Shan., § 4958
- Code 1932, § 9111
- T.C.A. (orig. ed.), § 20-1641.
§ 20-12-140. Payments from appellate to trial court. - When the costs accrued in the appellate court, and in the court below, are paid to the clerk of the appellate court, the clerk of the appellate court shall pay so much of them as accrued in the court below to the clerk of the court and take a receipt for the payment.
History (4)
- Code 1858, § 3217
- Shan., § 4959
- Code 1932, § 9112
- T.C.A. (orig. ed.), § 20-1642.
§ 20-12-141. Payments by clerk of trial court. - On receiving the costs as described in § 20-12-140, the clerk of the court below shall charge the clerk's office with the money, upon the clerk's execution docket, and pay it to the persons entitled to it.
History (4)
- Code 1858, § 3218
- Shan., § 4960
- Code 1932, § 9113
- T.C.A. (orig. ed.), § 20-1643.
§ 20-12-142. Construction as remedial. - The law of costs shall be construed remedially and not as the penal law.
History (4)
- Code 1858, § 3219 (deriv. Acts 1801, ch. 6, § 65)
- Shan., § 4961
- Code 1932, § 9114
- T.C.A. (orig. ed.), § 20-1644.
§ 20-12-143. General sessions courts — Collection of costs. - (a) It is the duty of the clerk of the court of general sessions, not less than thirty (30) days after the judgments of the court of general sessions have become final, to issue an execution against the party against whom the costs have been adjudged.
- (b) Likewise, in case of inability to collect the costs from the party against whom they have been adjudged, evidenced by the return of an execution nulla bona, it shall be the duty of the clerk, not later than thirty (30) days after the return of the execution nulla bona, to undertake to collect from the successful party all costs accruing at the instance of the successful party.
History (2)
- Acts 1959, ch. 109, § 3
- T.C.A., § 20-1645.
§ 20-12-144. Collection of fines or costs in default. - (a) If any portion of the court costs or litigation taxes, or both, have not been paid within six (6) months after the adjudication of a civil case, the clerk of the court may retain an agent to collect or institute proceedings to collect the costs or taxes, or both.
- (b) If an agent is used, the clerk of the court shall use the county's normal competitive bidding procedures to select and retain the agent. The clerk of the court shall award the bid with the approval of the judge of the affected court.
- (c)
- (1) The clerk may retain up to fifty percent (50%) of any portion of the court costs or litigation taxes, or both, which have not been paid within six (6) months after the adjudication of a civil case in accordance with any in-house collection procedure or, if an agent is used, for the collection agent, which may be allocated from each payment made on the amounts owing for such civil costs and taxes. The proceeds from any in-house collection shall be treated as other fees of the office.
- (2) On or after January 1, 2015, if an agent is used, the agent's collection fee shall be added to the total amount owed. The agent's collection fee shall not exceed forty percent (40%) of any amounts actually collected, which may be allocated from each payment made on the amounts owing for such civil costs and taxes.
History (3)
- Acts 1992, ch. 676, § 1
- 1993, ch. 440, § 1
- 2014, ch. 737, §§ 3, 4.
§ 20-12-145. Recoverable costs on appeal. - Recoverable costs on appeal include, but are not limited to, the cost of preparing and transmitting the record; the cost of a transcript of the evidence or proceedings; the cost of producing necessary copies of briefs and the record; premiums paid for bonds to preserve rights pending appeal and costs incurred to obtain such bonds, including the cost of letters of credit or other costs incurred to provide security for such bonds pending appeal; litigation taxes; and any other fees of the appellate court or clerk.
Chapter 13 Statewide Actions and Agreements Part 1 Actions by and Against State § 20-13-101. Power to prosecute suits. - The state shall commence and prosecute suits according to the laws of the land, as in cases between individuals, except that no security shall, in such case, be required.
History (4)
- Code 1858, § 2806 (deriv. Acts 1839-1840, ch. 139, § 2)
- Shan., § 4506
- Code 1932, § 8633
- T.C.A. (orig. ed.), § 20-1701.
§ 20-13-102. Actions against state prohibited. - (a) No court in the state shall have any power, jurisdiction or authority to entertain any suit against the state, or against any officer of the state acting by authority of the state, with a view to reach the state, its treasury, funds or property, and all such suits shall be dismissed as to the state or such officers, on motion, plea or demurrer of the law officer of the state, or counsel employed for the state.
- (b) No statutory or other provision authorizing the University of Tennessee and its board of trustees to sue and be sued shall constitute a waiver of sovereign immunity.
History (5)
- Acts 1873, ch. 13, § 2
- Shan., § 4507
- Code 1932, § 8634
- Acts 1977, ch. 170, § 1
- T.C.A. (orig. ed.), § 20-1702.
§ 20-13-103. Compromise and settlement of litigation. - The attorney general and reporter may compromise and settle, insofar as the state is concerned, any civil litigation to which the state may be a party, upon such terms as in the attorney general and reporter's opinion may seem to be in the best interest of the state, and may enter into such agreements in connection with the compromise and settlement as may be necessary to effectuate the purposes of this section. Written approval of the comptroller of the treasury and governor shall be required for any compromise and settlement greater than twenty-five thousand dollars ($25,000). The attorney general and reporter shall submit a report quarterly to the comptroller of the treasury and governor of all compromises and settlements made without the written approval of the comptroller of the treasury and governor. The written approval of the speaker of the senate and the speaker of the house of representatives, the comptroller of the treasury and governor, shall be also required for the compromise and settlement of such civil litigation to which the state may be a party if the compromise and settlement will result in a significant increase in state expenditures, affect the bond rating of the state or result in a decision on a policy issue that may result in a significant increase in state expenditures.
History (4)
- Acts 1933, ch. 78, § 1
- T.C.A. (orig. ed.), § 20-1703
- Acts 1986, ch. 728, § 1
- 2012, ch. 637, § 1.
§ 20-13-104. Order for deposit in treasury. - In all suits brought by the state, where it is made to appear, to the satisfaction of the chancellor or judge before whom the same is pending, that any funds, moneys, bonds, notes, coupons or securities are held by any person as agent, depository or trustee, either for the state or for any of the parties against whom the suit is pending, and the litigation involves the question as to which party is entitled to the ownership or possession of the fund, or the terms on which it shall be taken by the state, it shall be the duty of the court, judge or chancellor, in open court or at chambers, in term or in vacation, to order and direct that the fund be deposited in the treasury for safekeeping, which order the court, judge or chancellor shall proceed to enforce by process of attachment against the person, or by such other writ, process, orders or agency as may be adequate to the purpose.
History (4)
- Acts 1873, ch. 78, § 1
- Shan., § 4508
- mod. Code 1932, § 8635
- T.C.A. (orig. ed.), § 20-1704.
§ 20-13-105. Appeal from deposit order. - No appeal shall lie from any deposit order until after it has been fully complied with, nor shall any supersedeas be granted therein until after the deposit order is fully complied with.
History (4)
- Acts 1873, ch. 78, § 1
- Shan., § 4509
- Code 1932, § 8636
- T.C.A. (orig. ed.), § 20-1705.
§ 20-13-106. Safekeeping of deposited securities. - The court, judge or chancellor shall make such order as the court, judge or chancellor deems necessary for the safekeeping or cancellation and redelivery or appropriation of the securities so deposited.
History (4)
- Acts 1873, ch. 78, § 2
- Shan., § 4510
- Code 1932, § 8637
- T.C.A. (orig. ed.), § 20-1706.
§ 20-13-107. Return of deposited property. - Where moneys are deposited in the state treasury under the provisions of this part, the court shall have power, in the event the right to the moneys are adjudged against the state, to order the return of the moneys to the party entitled, and the moneys shall be paid out of the treasury without any delay, and in exclusion of all other claims whatever.
History (4)
- Acts 1873, ch. 78, § 3
- Shan., § 4511
- Code 1932, § 8638
- T.C.A. (orig. ed.), § 20-1707.
§ 20-13-108. Methods of deposit and withdrawal. - The funds or securities shall be placed in the state treasury, and drawn from the state treasury on warrants of the commissioner of finance and administration.
History (7)
- Acts 1873, ch. 78, § 4
- Shan., § 4512
- Code 1932, § 8639
- impl. am. Acts 1937, ch. 33, § 24
- impl. am. Acts 1959, ch. 9, § 3
- impl. am. Acts 1961, ch. 97, § 3
- T.C.A. (orig. ed.), § 20-1708.
§ 20-13-109. Tax recovery by other states. - Any state of the United States or the political subdivisions of any state shall have the right to sue in the courts of this state to recover any tax that may be owing to it when the like right is accorded to this state and its political subdivisions by such state.
History (3)
- Acts 1949, ch. 157, § 1
- C. Supp. 1950, § 8639.1
- T.C.A. (orig. ed.), § 20-1709.
Part 2 Statewide Opioid Settlement Agreements § 20-13-201. Legislative findings and declarations. - The general assembly finds and declares the following:
- (1) The opioid crisis presents serious health and safety concerns throughout the state and is a threat to the general welfare of the people of this state;
- (2) The provision of care, rehabilitation, and treatment for opioid abuse and dependency creates a substantial drain on governmental resources;
- (3) It is the intention of the general assembly to facilitate statewide opioid settlement agreements that provide a coordinated resolution of state and local governmental claims against entities involved in the manufacture, marketing, distribution, dispensing, or sale of opioids, or related activities, in order to generate funds for opioid abatement programs and remediation; and
- (4) A statewide coordinated resolution of state and local claims against entities involved in activities related to the manufacture, marketing, distribution, dispensing, or sale of opioids, or related activities, is critical to resolving current litigation and other claims regarding the opioid crisis and maximizing the financial commitment of those entities.
History (1)
- Acts 2021, ch. 491, § 17.
§ 20-13-202. Part definitions. - As used in this part, unless the context requires otherwise:
- (1) “District” means all governmental districts in the state, including, but not limited to, school districts, judicial districts, hospital districts, health districts, utility districts, fire districts, development districts, special districts, and other public districts; and
- (2) “Governmental entity” means:
- (A) The state and each of its departments, agencies, divisions, boards, commissions, and other instrumentalities;
- (B) Any political or governmental subdivision or other public entity within the boundaries of the state, including, but not limited to, counties, municipalities, districts, and towns and any department, agency, division, board, commission, and other instrumentalities thereof; and
- (C) Any governmental official, officer, or employee of the state or of a political or governmental subdivision or other public entity within the boundaries of the state acting in an official capacity.
History (1)
- Acts 2021, ch. 491, § 18.
§ 20-13-203. Authority of attorney general and reporter to release claims regarding opioids. - Upon written approval of the governor and comptroller of the treasury, the attorney general and reporter has the authority to release any pending or future claim of governmental entities against McKesson Corporation, Cardinal Health, Inc., AmerisourceBergen Corporation, Johnson & Johnson, Allergan Finance, LLC, CVS Health Corporation, Teva Pharmaceutical Industries Ltd., Walgreen Co., Walmart Inc., K-VA-T Food Stores, Inc., and The Kroger Co. and affiliates, subsidiaries, and other entities related to these companies that are released in the McKesson Corporation, Cardinal Health, Inc., AmerisourceBergen Corporation, Johnson & Johnson, Allergan Finance, LLC, CVS Health Corporation, Teva Pharmaceutical Industries Ltd., Walgreen Co., Walmart Inc., K-VA-T Food Stores, Inc., and The Kroger Co. settlement agreements for activities related to the manufacture, marketing, distribution, dispensing, or sale of opioids, or related activities, if the attorney general deems the release necessary to the interest of the state in the resolution of the opioid crisis.
History (3)
- Acts 2021, ch. 491, § 19
- 2023, ch. 429, § 1
- 2024, ch. 568, § 1.
Chapter 14 Violence in the Workplace § 20-14-101. Chapter definitions. - As used in this chapter, unless the context otherwise requires:
- (1) “Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an employee to or from the employee's place of work, entering the workplace of an employee, following an employee during hours of employment, telephone calls to an employee, and correspondence with an employee, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile or computer e-mail;
- (2) “Credible threat of violence” means a knowing and willful statement or course of conduct that would cause a reasonable person to believe that the person is under threat of death or serious bodily injury and that is intended to, and that actually causes, a person to believe that the person is under threat of death or serious bodily injury;
- (3) “Employer” means any person or entity that employs one (1) or more employees and shall include the state and its political subdivisions and instrumentalities; and
- (4) “Unlawful violence” means assault, aggravated assault, stalking, intimidation, or extortion as prohibited by §§ 39-13-101, 39-13-102, 39-17-315, 39-17-309 and 39-14-112.
History (2)
- Acts 2002, ch. 541, § 2
- 2011, ch. 315, §§ 1, 2.
§ 20-14-102. Temporary restraining order and injunction. - Any employer or employee who has suffered unlawful violence or a credible threat of violence from any individual, or an organization that the individual is affiliated with, which can reasonably be construed to have been carried out at the workplace, may seek a temporary restraining order and an injunction prohibiting further unlawful violence or threats of violence by that individual, or the organization that individual is affiliated with, at the workplace. Nothing in this chapter shall be construed as authorizing a court to issue a temporary restraining order or injunction prohibiting speech or other activities that are protected by the constitutions of this state or the United States.
History (2)
- Acts 2002, ch. 541, § 3
- 2011, ch. 315, § 3.
§ 20-14-103. Jurisdiction. - (a) Except for proceedings involving a nonresident respondent, the court of competent jurisdiction of the county where the unlawful violence or credible threat of violence occurred shall have jurisdiction over all proceedings under this chapter.
- (b) For proceedings under this chapter involving a nonresident respondent, the court of competent jurisdiction where the petitioner's workplace is located shall have jurisdiction, where the act involving unlawful violence or a credible threat of unlawful violence meets the elements for personal jurisdiction provided for under § 20-2-223(a)(3) or (a)(4).
§ 20-14-104. Petition — Affidavit — Duration of temporary restraining order. - Upon filing a petition with the court for an injunction pursuant to this chapter, the petitioner may obtain a temporary restraining order if the petitioner also files an affidavit that, to the satisfaction of the court, shows reasonable proof that an employee or employer has suffered unlawful violence or a credible threat of violence by the respondent and that great or irreparable harm will result to an employee or an employer if the injunction is not granted. The affidavit shall further show that the petitioner has conducted a reasonable investigation into the underlying facts that are the subject of the petition. A temporary restraining order granted under this chapter shall remain in effect, at the court's discretion, for a period not to exceed fifteen (15) days, unless otherwise modified or terminated by the court.
History (2)
- Acts 2002, ch. 541, § 5
- 2011, ch. 315, § 4.
§ 20-14-105. Hearing on petition — Response — Relevant testimony — Duration of injunction — Renewal of injunction. - Within ten (10) days of the filing of the petition under this chapter or as soon as practical thereafter, but in no case later than thirty (30) days after the filing of the petition, a hearing shall be held on the petition for the injunction. In the event a hearing cannot be scheduled within the county where the case is pending within the thirty-day period, it shall be scheduled and heard as soon as possible. The respondent may file a response that explains, excuses, justifies, or denies the alleged unlawful violence or credible threat of violence or may file a cross-complaint under this chapter. At the hearing, the judge shall receive any testimony that is relevant and may make an independent inquiry. If the judge finds by clear and convincing evidence that the respondent engaged in unlawful violence or made a credible threat of violence, an injunction shall be issued prohibiting further unlawful violence or threats of violence at the workplace or while the employee or employer is acting within the course and scope of employment. An injunction issued pursuant to this chapter shall have a duration of not more than three (3) years. At any time within the three-month period before the expiration of the injunction, the petitioner may apply for a renewal of the injunction by filing a new petition for an injunction pursuant to this chapter.
History (2)
- Acts 2002, ch. 541, § 6
- 2011, ch. 315, § 5.
§ 20-14-107. Delivery of orders to law enforcement agencies — Availability of information to law enforcement officers. - The court shall order the petitioner or the attorney for the petitioner to deliver a copy of each temporary restraining order or injunction, or modification or termination of the temporary restraining order or injunction, granted under this chapter, by the close of the business day on which the order was granted, to the law enforcement agencies within the court's discretion as are requested by the petitioner. Each appropriate law enforcement agency shall make available information as to the existence and current status of these orders to law enforcement officers responding to the scene of reported unlawful violence or a credible threat of violence.
§ 20-14-108. Construction of chapter. - Nothing in this chapter shall be construed as expanding, diminishing, altering or modifying the duty, if any, of an employer to provide a safe workplace for employees and other persons. Nothing in this chapter shall be construed to prohibit an employer or employee from pursuing any other civil or criminal remedy provided by law.
Chapter 15 Policy on Granting Comity to Foreign Law, Legal Code or System § 20-15-101. Chapter definition. - As used in this chapter, “foreign law, legal code, or system” means any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction's courts, administrative bodies, or other formal or informal tribunals.
§ 20-15-102. Public policy. - It is the public policy of this state that the primary factor which a court, administrative agency, arbitrator, mediator or other entity or person acting under the authority of state law shall consider in granting comity to a decision rendered under any foreign law, legal code or system against a natural person in this state is whether the decision rendered either violated or would violate any right of the natural person in this state guaranteed by the Tennessee Constitution or the United States Constitution or any statute or decision under those constitutions.
§ 20-15-103. Primary factor in interpretation, enforcement or application of agreement providing for choice of foreign law, legal code or system is preservation of constitutional rights. - (a) If any contract, arbitration agreement or other agreement provides for the choice of a foreign law, legal code or system to govern its interpretation or the resolution of any claim or dispute and if the enforcement or interpretation of the contract, arbitration agreement or other agreement applying that choice of law provision either resulted or would result in a violation of any right guaranteed by the Tennessee Constitution or the United States Constitution, then it is the public policy of this state that the primary factor in interpretation, enforcement or application of the contract, arbitration agreement or other agreement shall be preservation of the constitutional rights of the natural person in this state against whom enforcement is sought, unless otherwise directed by state statute.
- (b) Nothing in this chapter shall be interpreted to limit the right of a natural person of this state to voluntarily restrict or limit their own constitutional rights by contract or specific waiver consistent with constitutional principles; however, the language of any such contract or other waiver shall be strictly construed in favor of preserving the constitutional rights of the natural person in this state.
§ 20-15-104. Choice of venue or forum. - (a) If any contract, arbitration agreement or other agreement provides for the choice of venue or forum outside any state or territory of the United States and if the enforcement or interpretation of the contract, arbitration agreement or other agreement applying that choice of venue or forum provision either resulted or would result in a violation of any right of a natural person in this state guaranteed by the Tennessee Constitution or the United States Constitution, then it is the public policy of this state that, in interpreting or construing the contract or arbitration agreement or other agreement, the primary factor to be considered is whether it can be interpreted or construed to preserve the constitutional rights of the natural person in this state against whom enforcement is sought.
- (b) If a natural person of this state, subject to personal jurisdiction in this state, seeks to maintain litigation, arbitration, agency or similarly binding proceedings in this state and if the courts of this state find that granting a claim of forum non conveniens or a related claim violates or would likely violate the constitutional rights of the non-claimant in the foreign forum with respect to the matter in dispute, then it is the public policy of this state that the claim shall be denied.
Chapter 16 Summary Judgment § 20-16-101. Burden of proof in summary judgment motions. - In motions for summary judgment in any civil action in Tennessee, the moving party who does not bear the burden of proof at trial shall prevail on its motion for summary judgment if it:
- (1) Submits affirmative evidence that negates an essential element of the nonmoving party's claim; or
- (2) Demonstrates to the court that the nonmoving party's evidence is insufficient to establish an essential element of the nonmoving party's claim.
Chapter 17 Tennessee Public Participation Act § 20-17-102. Purpose of chapter. - The purpose of this chapter is to encourage and safeguard the constitutional rights of persons to petition, to speak freely, to associate freely, and to participate in government to the fullest extent permitted by law and, at the same time, protect the rights of persons to file meritorious lawsuits for demonstrable injury. This chapter is consistent with and necessary to implement the rights protected by the Constitution of Tennessee, Article I, §§ 19 and 23, as well as by the First Amendment to the United States Constitution, and shall be construed broadly to effectuate its purposes and intent.
§ 20-17-103. Chapter definitions. - As used in this chapter:
- (1) “Communication” means the making or submitting of a statement or document in any form or medium, including oral, written, audiovisual, or electronic;
- (2) “Exercise of the right of association” means exercise of the constitutional right to join together to take collective action on a matter of public concern that falls within the protection of the United States Constitution or the Tennessee Constitution;
- (3) “Exercise of the right of free speech” means a communication made in connection with a matter of public concern or religious expression that falls within the protection of the United States Constitution or the Tennessee Constitution;
- (4) “Exercise of the right to petition” means a communication that falls within the protection of the United States Constitution or the Tennessee Constitution and:
- (A) Is intended to encourage consideration or review of an issue by a federal, state, or local legislative, executive, judicial, or other governmental body; or
- (B) Is intended to enlist public participation in an effort to effect consideration of an issue by a federal, state, or local legislative, executive, judicial, or other governmental body;
- (5) “Legal action” means a claim, cause of action, petition, cross-claim, or counterclaim or any request for legal or equitable relief initiated against a private party;
- (6) “Matter of public concern” includes an issue related to:
- (A) Health or safety;
- (B) Environmental, economic, or community well-being;
- (C) The government;
- (D) A public official or public figure;
- (E) A good, product, or service in the marketplace;
- (F) A literary, musical, artistic, political, theatrical, or audiovisual work; or
- (G) Any other matter deemed by a court to involve a matter of public concern; and
- (7) “Party” does not include a governmental entity, agency, or employee.
§ 20-17-104. Petition to dismiss legal action filed in response to party's exercise of the right of free speech, right to petition, or right of association — Response — Stay of discovery. - (a) If a legal action is filed in response to a party's exercise of the right of free speech, right to petition, or right of association, that party may petition the court to dismiss the legal action.
- (b) Such a petition may be filed within sixty (60) calendar days from the date of service of the legal action or, in the court's discretion, at any later time that the court deems proper.
- (c) A response to the petition, including any opposing affidavits, may be served and filed by the opposing party no less than five (5) days before the hearing or, in the court's discretion, at any earlier time that the court deems proper.
- (d) All discovery in the legal action is stayed upon the filing of a petition under this section. The stay of discovery remains in effect until the entry of an order ruling on the petition. The court may allow specified and limited discovery relevant to the petition upon a showing of good cause.
§ 20-17-105. Burden of proof — Dismissal of legal action. - (a) The petitioning party has the burden of making a prima facie case that a legal action against the petitioning party is based on, relates to, or is in response to that party's exercise of the right to free speech, right to petition, or right of association.
- (b) If the petitioning party meets this burden, the court shall dismiss the legal action unless the responding party establishes a prima facie case for each essential element of the claim in the legal action.
- (c) Notwithstanding subsection (b), the court shall dismiss the legal action if the petitioning party establishes a valid defense to the claims in the legal action.
- (d) The court may base its decision on supporting and opposing sworn affidavits stating admissible evidence upon which the liability or defense is based and on other admissible evidence presented by the parties.
- (e) If the court dismisses a legal action pursuant to a petition filed under this chapter, the legal action or the challenged claim is dismissed with prejudice.
- (f) If the court determines the responding party established a likelihood of prevailing on a claim:
- (1) The fact that the court made that determination and the substance of the determination may not be admitted into evidence later in the case; and
- (2) The determination does not affect the burden or standard of proof in the proceeding.
§ 20-17-107. Award of court costs, attorney's fees, and other costs and expenses — Additional relief. - (a) If the court dismisses a legal action pursuant to a petition filed under this chapter, the court shall award to the petitioning party:
- (1) Court costs, reasonable attorney's fees, discretionary costs, and other expenses incurred in filing and prevailing upon the petition; and
- (2) Any additional relief, including sanctions, that the court determines necessary to deter repetition of the conduct by the party who brought the legal action or by others similarly situated.
- (b) If the court finds that a petition filed under this chapter was frivolous or was filed solely for the purpose of unnecessary delay, and makes specific written findings and conclusions establishing such finding, the court may award to the responding party court costs and reasonable attorney's fees incurred in opposing the petition.
§ 20-17-108. Effect of chapter. - Nothing in this chapter:
- (1) Applies to an enforcement action that is brought in the name of the state or a political subdivision of this state by the attorney general, a district attorney general, or a county or municipal attorney;
- (2) Can result in findings or determinations that are admissible in evidence at any later stage of the underlying legal action or in any subsequent legal action;
- (3) Affects or limits the authority of a court to award sanctions, costs, attorney's fees, or any other relief available under any other statute, court rule, or other authority;
- (4) Affects, limits, or precludes the right of any party to assert any defense, remedy, immunity, or privilege otherwise authorized by law;
- (5) Affects the substantive law governing any asserted claim;
- (6) Creates a private right of action; or
- (7) Creates any cause of action for any government entity, agency, or employee.
§ 20-17-109. Intent of chapter. - This chapter is intended to provide an additional substantive remedy to protect the constitutional rights of parties and to supplement any remedies which are otherwise available to those parties under common law, statutory law, or constitutional law or under the Tennessee Rules of Civil Procedure.
§ 20-17-110. Severability. - If any provision of this chapter or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of chapter 185 of the Public Acts of 2019 that can be given effect without the invalid provision or application, and to that end the provisions of chapter 185 of the Public Acts of 2019 are declared to be severable.
Chapter 18 Three–Judge Panel § 20-18-101. Civil complaints required to be heard and determined by three-judge panel — Notice — Three-judge panel. - (a) A civil action in which the complaint meets each of the following criteria must be heard and determined by a three-judge panel pursuant to this chapter:
- (1) Challenges the constitutionality of:
- (A) A state statute, including a statute that apportions or redistricts state legislative or congressional districts;
- (B) An executive order; or
- (C) An administrative rule or regulation;
- (2) Includes a claim for declaratory judgment or injunctive relief; and
- (3) Is brought against the state, a state department or agency, or a state official acting in their official capacity.
- (b)
- (1) When an action described in subsection (a) is filed, the person or entity filing the action shall provide notice of the complaint to the presiding judge of the judicial district, who shall notify the supreme court. The supreme court shall select two (2) trial court judges of courts of record to sit with the judge to whom the civil action was originally assigned as a three-judge panel to hear and decide the civil action.
- (2) To ensure that members of the three-judge panel are drawn from different regions of the state, the supreme court shall select one (1) judge from each grand division of the state other than the grand division in which the civil action was originally filed.
- (3) The supreme court shall designate one (1) member of the panel to serve as the chief judge.
- (4) Should any member of the three-judge panel be disqualified or otherwise unable to serve on the panel, the supreme court shall appoint as a replacement another trial court judge from the same grand division as the judge being replaced, who shall serve by interchange, as provided in Rules 10B and 11 of the Tennessee Supreme Court Rules.
- (5) In the event of a disagreement among the three (3) judges comprising the panel, the majority prevails.
- (6) The rules promulgated by the supreme court shall govern the practice and procedure of the three-judge panel including what procedural matters may be decided solely by the chief judge.
- (c) The three-judge panel shall sit in the supreme court building in the grand division in which the civil action was filed, unless a location is otherwise designated by the supreme court.
§ 20-18-103. Effect of chapter. - (a) This chapter does not create a cause of action independent of existing Tennessee or federal law and does not waive the defense of sovereign immunity where that defense applies.
- (b) This chapter does not affect the procedures and remedies provided in title 67, chapter 1, part 18. However, a case filed pursuant to title 67, chapter 1, part 18, that meets the requirements of § 20-18-101(a) must be heard by a three-judge panel pursuant to this chapter.
§ 20-18-105. Restrictions on substitute plan for plan enacted by general assembly apportioning or redistricting state legislative or congressional districts — Interim districting plan — Appeal. - (a) Pursuant to Article II, Sections 4, 5, and 6 of the Constitution of Tennessee, which vest the power of apportionment with the general assembly, a court, including the supreme court or a three-judge panel, shall not impose a substitute plan for a plan enacted by the general assembly apportioning or redistricting state legislative or congressional districts under this chapter unless the court first gives the general assembly a period of time to remedy any defects identified by the court in the court's findings of fact and conclusions of law. The period of time given must not be less than fifteen (15) calendar days from the issuance of the court's findings of fact and conclusions of law, and in setting the period of time, the court shall consider whether the general assembly is currently in session or out of session.
- (b) If the general assembly does not enact a new plan within the period of time set by the court pursuant to subsection (a), then the court may impose an interim districting plan for use only in the next election cycle, provided the interim districting plan differs from the districting plan enacted by the general assembly only to the extent necessary to remedy any defects identified by the court.
- (c) A party in an action challenging a statute that apportions or redistricts state legislative or congressional districts that is dissatisfied with the final judgment of the three-judge panel may appeal to the supreme court, as a matter of right, within thirty (30) days from the entry of the judgment of the three-judge panel. The record on appeal must conform to the requirements of Rule 24 of the Tennessee Rules of Appellate Procedure.
2024 Tennessee Code Unannotated