Title 27 Appeal And Review
Chapter 1 General Provisions § 27-1-113. Findings of fact — Scope of review. - In all cases tried on the facts in a chancery court and afterwards brought for review to the court of appeals, the court of appeals shall, to the extent that the facts are not stipulated or are not concluded by the findings of the jury, make and file written findings of fact, which thereupon shall become a part of the record. Before any such findings shall become final, reasonable opportunity shall be afforded the parties to examine the findings and to ask for different or additional findings. Where there has been a concurrent finding of the master and chancellor, which under the principles now obtaining is binding on the appellate courts, the court of appeals shall not have the right to disturb such finding. To the extent that the findings of the chancery court and the court of appeals concur, they shall, if there be any evidence to support them, be conclusive upon any review of the facts in the supreme court; to the extent that they do not concur, they shall be open to examination in that court. The court of appeals shall not be limited to the consideration of such facts as were found or requested in the lower court, but it shall independently consider and find all material facts in the record; and either party, whether appellant or not, may assign error on the failure of the chancellor to find any material fact, without regard to whether such fact was found or requested in the lower court. This shall not apply to any case tried in the chancery court upon oral testimony.
History (6)
- Acts 1925, ch. 100, § 12
- Shan. Supp., § 6325a12
- Acts 1927, ch. 68, § 1
- Code 1932, § 10620
- Acts 1972, ch. 565, § 2
- T.C.A. (orig. ed.), § 27-113.
§ 27-1-114. Filing of findings. - The court of appeals shall file its findings at the same time that it renders its decision. It shall be the duty of chancellors, except where the findings are or have been incorporated in the decree as above provided, to file their findings of fact within thirty (30) days after appeal; and the clerk shall then give notice thereof to the parties or their counsel, who shall have the right by petition to ask for different or additional findings; and, if no such petition shall be filed within five (5) days after such notice, unless the time shall be extended by order of the court, the findings shall not be further questioned in that court; provided, that the time in which such petition may be filed shall in no event be less than five (5) days from the taking of an appeal. For the purposes stated, the cause shall remain in the chancery court even after the appeal has been taken. The same rules and practice shall govern with respect to cases tried on the facts in courts exercising the former jurisdictions of county courts and thence brought directly to the court of appeals. The provisions as to a finding of facts shall not apply where, before it is made up, the judge who tried the case has died or has gone out of office, and in such case the clerk shall include in the record a certificate to that effect.
History (6)
- Acts 1925, ch. 100, § 12
- Shan. Supp., § 6325a12
- mod. Code 1932, § 10621
- impl. am. Acts 1979, ch. 68, § 3
- T.C.A. (orig. ed.), § 27-114
- Acts 1981, ch. 449, § 2.
§ 27-1-118. Written opinions in supreme court. - The judges of the supreme court shall give written opinions, stating the points of law on which the action of the court is based, in all cases determined by them, except actions in which there is no defense.
History (4)
- Code 1858, § 3931 (deriv. Acts 1829, ch. 60, § 2)
- Shan., § 5735
- Code 1932, § 9924
- T.C.A. (orig. ed.), § 27-120.
§ 27-1-119. Opinions furnished to counsel. - (a) The members of the supreme court, the court of appeals and court of criminal appeals for each division of the state shall immediately, on announcement of the opinion of the court in any case before it, mail a copy of the opinion filed by the court in each case decided in such court to counsel of record for each of the parties thereto.
- (b) Where more than one (1) person shall appear as counsel of record for one (1) party, or where one (1) or more persons shall appear as counsel for more than one (1) party, then only one (1) copy of the opinion shall be mailed.
- (c) If the court so desires, it may deliver such copies to the clerk of the court, who shall mail such copies to counsel of record, the mailing fees to be taxed as a part of the costs of the cause.
History (5)
- Acts 1943, ch. 74, §§ 1, 2
- mod. C. Supp. 1950, §§ 9924.1, 10629.1 (Williams, §§ 9924.1, 9924.2)
- modified
- T.C.A. (orig. ed.), § 27-121
- modified.
§ 27-1-120. Reasons for reversal furnished trial court. - If the judgment of the inferior court is reversed and the cause remanded, the judges shall file, in writing, with the clerk, the reasons of reversal, and the points of law in the judgment of the inferior court in which the error existed, to be copied by the clerk, and certified to the inferior court as part of the record of reversal.
History (4)
- Code 1858, § 3932 (deriv. Acts 1829, ch. 60, § 1)
- Shan., § 5736
- Code 1932, § 9925
- T.C.A. (orig. ed.), § 27-122.
§ 27-1-121. Appeals judges excused from attendance at announcement of decisions. - (a) When cases are heard and determined by judges of the court of appeals and court of criminal appeals who do not reside in the grand division in which the cases arose and were heard, it shall not be necessary for such judges to be present in person when decisions in such cases are announced; and it shall be lawful for the minutes containing the judgments or decrees in such cases to be signed by the judges residing in the grand division in which such cases arose and were heard or tried.
- (b) A written opinion and findings signed by the judges who heard and determined the case shall be filed with the clerk of the court before the judgment or decree is entered.
- (c) The judgments and decrees so entered and authenticated shall be, in all respects, as valid as if they were authenticated by the signatures, to the minutes, of the judges rendering them.
History (4)
- Acts 1929, ch. 95, §§ 1, 2
- mod. Code 1932, §§ 10623, 10624
- T.C.A. (orig. ed.), § 27-123
- modified.
§ 27-1-122. Damages for frivolous appeal. - When it appears to any reviewing court that the appeal from any court of record was frivolous or taken solely for delay, the court may, either upon motion of a party or of its own motion, award just damages against the appellant, which may include, but need not be limited to, costs, interest on the judgment, and expenses incurred by the appellee as a result of the appeal.
History (2)
- Acts 1975, ch. 203, § 1
- T.C.A., § 27-124.
§ 27-1-123. Notice of appeal not jurisdictional. - Notwithstanding any other provision of law or rule of court to the contrary, in all criminal cases the “notice of appeal” document is not jurisdictional and the filing of such document may be waived in the interests of justice. The appropriate appellate court shall be the court that determines whether such a waiver is in the interests of justice.
§ 27-1-124. Stay of execution — Bond required in civil matters. - (a) If a plaintiff in a civil action obtains a judgment under any legal theory, the amount of the appeal bond necessary to stay execution during the course of all appeals or discretionary reviews of that judgment by any appellate court shall not exceed the lesser of twenty-five million dollars ($25,000,000) or one hundred twenty-five percent (125%) of the judgment amount.
- (b) For purposes of determining the amount of the required bond, the court shall not include punitive or exemplary damages in the judgment amount.
- (c) Notwithstanding subsections (a) and (b), if a party proves by a preponderance of the evidence that an appellant is dissipating assets outside the ordinary course of business to avoid payment of a judgment, a court may enter orders that are necessary to protect the appellee and establish the bond amount, which may include any punitive or exemplary damages.
- (d) If the appellant establishes by clear and convincing evidence at a post judgment hearing that the cost of the bond and the obligation resulting from the surety's payment of the bond in an amount authorized by this section will render the appellant insolvent, the court shall establish a security in an amount, and other terms and conditions it deems proper, that would allow the appeal of the judgment to proceed, without resulting in the appellant's insolvency. This subsection (d) should be narrowly construed.
- (e) If this section is found to be in conflict with any rules prescribed by the supreme court, this section shall apply notwithstanding § 16-3-406.
History (2)
- Acts 2003, ch. 276, § 1
- 2011, ch. 510, § 7.
§ 27-1-125. Appeal from an order of a trial court granting or denying class action certification. - The court of appeals shall hear appeals from orders of trial courts granting or denying class certification under Rule 23 of the Tennessee Rules of Civil Procedure, if a notice is filed within ten (10) days after entry of the order. All proceedings in the trial court shall be automatically stayed pending the appeal of the class certification ruling.
History (2)
- Acts 2005, ch. 280, § 1
- 2011, ch. 510, § 13.
Chapter 3 Appeals Generally § 27-3-107. Appeal from county court in cases other than equity. - In all other cases determined in the county court, an appeal may be taken to the circuit court, or, both parties consenting, to the proper appellate court.
History (5)
- Code 1858, § 3173 (deriv. Acts 1813, ch. 78, § 2)
- Shan., § 4908
- Code 1932, § 9060
- T.C.A. (orig. ed.), § 27-307
- Acts 1981, ch. 449, § 2.
§ 27-3-128. Remand for correction of record. - The court shall also, in all cases, where, in its opinion, complete justice cannot be had by reason of some defect in the record, want of proper parties, or oversight without culpable negligence, remand the cause to the court below for further proceedings, with proper directions to effectuate the objects of the order, and upon such terms as may be deemed right.
History (4)
- Code 1858, § 3170
- Shan., § 4905
- Code 1932, § 9054
- T.C.A. (orig. ed.), § 27-329.
§ 27-3-131. Appeals in misdemeanor cases — Trial de novo — Jury trial. - (a) Notwithstanding Rule 5(c)(2) of the Tennessee Rules of Criminal Procedure to the contrary, the defendant may in any case covered by such rule appeal a verdict of guilty or the sentence imposed or both to the circuit or criminal court for a trial de novo with or without a jury.
- (b) Demand for a jury trial shall be made at the time of filing an appeal under § 27-5-108, to the circuit or criminal court. If such demand is not made at the time of filing the appeal, the right to a trial by jury is waived.
History (2)
- Acts 1984, ch. 879, §§ 1, 2
- 1985, ch. 397, § 1.
Chapter 4 Appeals from County Court § 27-4-101. Appeal to circuit court. - Any party dissatisfied with the sentence, judgment, or decree of the county court, may pray an appeal to the circuit court of the county, unless it is otherwise expressly provided.
History (4)
- Code 1858, § 3147 (deriv. Acts 1843-1844, ch. 99)
- Shan., § 4879
- mod. Code 1932, § 9028
- T.C.A. (orig. ed.), § 27-401.
§ 27-4-102. Appeal to appellate court. - In all cases in which the jurisdiction of the county court is concurrent with the circuit or chancery courts, or in which both parties consent, the appeal lies direct to the court of appeals or supreme court, as the case may be.
History (5)
- Code 1858, § 3148 (deriv. Acts 1813, ch. 78, § 2
- 1855-1856, ch. 116, § 5)
- Shan., § 4880
- Code 1932, § 9029
- T.C.A. (orig. ed.), § 27-402.
§ 27-4-103. Term to which taken. - The appeal is to the next term of the circuit court, if more than five (5) days intervene between the date of appeal and the first day of the term. If less time intervene, the appeal is to the next succeeding term.
History (4)
- Code 1858, § 3149
- Shan., § 4881
- Code 1932, § 9030
- T.C.A. (orig. ed.), § 27-403.
§ 27-4-104. Transcript to circuit court. - A transcript of the record of the suit, on which the appeal is made, shall be delivered to the clerk of the circuit court by the first day of the term to which the appeal is taken, unless the time be extended by the court.
History (4)
- Code 1858, § 3150 (deriv. Acts 1794, ch. 1, § 66)
- Shan., § 4882
- mod. Code 1932, § 9031
- T.C.A. (orig. ed.), § 27-404.
§ 27-4-105. Copy of proceedings by clerk. - The county clerk, upon appeal taken, shall immediately make a full and perfect copy of all the proceedings in the cause, and, within five (5) days after the appeal, give the same, with a taxation of all costs accrued, to the appellant, if required, and endorse on the copy the day on which it was demanded, and the day on which it was delivered, and sign the clerk's name thereto; or, if the same is not demanded before the first day of the next circuit court, the county clerk shall then deliver the same to the circuit court clerk.
History (4)
- Code 1858, § 3153 (deriv. Acts 1794, ch. 1, § 68)
- Shan., § 4885
- Code 1932, § 9034
- T.C.A. (orig. ed.), § 27-405.
§ 27-4-106. Receipt of transcript by circuit court clerk. - The clerk of the circuit court, upon receiving the transcript, shall give a receipt to the person delivering it, and immediately endorse thereon the date of its delivery, and shall enter it on the proper docket.
History (4)
- Code 1858, § 3154 (deriv. Acts 1794, ch. 1, § 69)
- Shan., 4886
- Code 1932, § 9035
- T.C.A. (orig. ed.), § 27-406.
§ 27-4-107. Affirmance on default of appellant. - If the transcript is not filed within the time prescribed in § 27-4-104, or if the appellant shall fail to appear, or to prosecute an appeal, the judgment or decree of the county court may, in the discretion of the court, be affirmed.
History (4)
- Code 1858, § 3151 (deriv. Acts 1794, ch. 1, § 66)
- Shan., § 4883
- mod. Code 1932, § 9032
- T.C.A. (orig. ed.), § 27-407.
§ 27-4-108. Trial de novo. - On appeal, all jury cases in the county court shall be tried de novo in the circuit court and all chancery cases, or proceedings in the nature of chancery cases, shall be reheard as if the proceedings had been commenced in the circuit court.
History (4)
- Code 1858, § 3152 (deriv. Acts 1794, ch. 1, § 66)
- Shan., § 4884
- Code 1932, § 9033
- T.C.A. (orig. ed.), § 27-408.
Chapter 5 Appeals from General Sessions Court and Municipal Officers § 27-5-101. Right of appeal. - Any person dissatisfied with the judgment of a recorder or other officer of a municipality charged with the conduct of trials, in a civil action, may, within ten (10) entire days thereafter, Sundays exclusive, appeal to the next term of circuit court.
History (7)
- Code 1858, § 3140 (deriv. Acts 1835-1836, ch. 17, § 10)
- Acts 1869-1870, ch. 85
- Shan., § 4871
- mod. Code 1932, § 9019
- Acts 1969, ch. 281, § 1
- impl. am. Acts 1979, ch. 68, § 3
- T.C.A. (orig. ed.), § 27-501.
§ 27-5-102. Appeal from recorder or municipal officer. - Any party dissatisfied with the judgment of a recorder or officer of a municipal corporation charged with the trial of causes may appeal to the next circuit or special court, in all cases in which an appeal is allowed from the judgment of a judge of the court of general sessions, and subject to the same terms and restrictions.
History (5)
- Acts 1869-1870, ch. 85
- Shan., § 4878
- mod. Code 1932, § 9027
- impl. am. Acts 1979, ch. 68, § 3
- T.C.A. (orig. ed.), § 27-502.
§ 27-5-103. Appeal bond — Oath. - (a) Before the appeal is granted, the person appealing shall give bond with good security, as hereinafter provided, for the costs of the appeal, or take the oath for poor persons.
- (b) An appeal bond filed by a plaintiff or defendant pursuant to this chapter shall be considered sufficient if it secures the cost of the cause on appeal.
History (5)
- Code 1858, § 3141 (deriv. Acts 1794, ch. 1, § 54)
- Shan., § 4872
- Code 1932, § 9020
- T.C.A. (orig. ed.), § 27-503
- Acts 1988, ch. 647, §§ 1, 2.
§ 27-5-104. Security for costs. - The original plaintiff may be ruled to security in the appellate court for the costs of the cause.
History (4)
- Code 1858, § 3146 (deriv. Acts 1813, ch. 131, § 2)
- Shan., § 4877
- Code 1932, § 9026
- T.C.A. (orig. ed.), § 27-504.
§ 27-5-105. Filing of papers in circuit court. - (a)
- (1) When an appeal shall be perfected from the judgment of any judge of the court of general sessions, it shall be the duty of the clerk of the general sessions court to file the papers in the case in the office of the clerk of the circuit court, at least five (5) days before the meeting of the circuit court.
- (2) If an appeal is perfected within five (5) days before the meeting of the circuit court, the papers in the case shall be filed in the clerk's office by or on the first day of the term.
- (b) Any general sessions court clerk failing to comply with this section shall have no fees or costs allowed in such case.
History (6)
- Acts 1889, ch. 251, §§ 1, 2
- Shan., § 4873
- mod. Code 1932, § 9021
- impl. am. Acts 1979, ch. 68, § 3
- T.C.A. (orig. ed.), § 27-505
- modified.
§ 27-5-106. Judgment on default of appellant. - (a) If the clerk fails to return the papers within the time prescribed, but returns them during the term to which the same are returnable, and the appellant fails to appear and prosecute the appeal, if such appellant is the original defendant, the plaintiff shall have judgment final, by default, for the amount of the judgment of the court of general sessions, against the appellant for the debt and the appellant and the appellant's sureties for the cost.
- (b) If the plaintiff is the appellant, and fails to appear within the term, the plaintiff's suit shall be dismissed, and judgment given against the plaintiff and the plaintiff's sureties for costs.
History (7)
- Code 1858, § 3144 (deriv. Acts 1811, ch. 119, § 2)
- Shan., § 4875
- Code 1932, § 9024
- impl. am. Acts 1979, ch. 68, § 3
- T.C.A. (orig. ed.), § 27-507
- modified
- Acts 1988, ch. 647, § 3.
§ 27-5-107. Affirmance. - If the papers are properly returned, and the appellant fails to appear or defend as above, or if the appeal is dismissed for any cause, the appellee is entitled to an affirmance of the judgment below, with costs.
History (4)
- Code 1858, § 3145
- Shan., § 4876
- mod. Code 1932, § 9025
- T.C.A. (orig. ed.), § 27-508.
§ 27-5-108. Appeal from general sessions court. - (a)
- (1) Any party may appeal from a decision of the general sessions court to the circuit court of the county within a period of ten (10) days on complying with this chapter.
- (2) In civil cases, if one (1) or more of the parties before the general sessions court, on one (1) or more warrants, perfects an appeal of a decision of the general sessions court to the circuit court, as provided in this section, then cross appeals and separate appeals are not required, and upon the filing of a notice of appeal by any party, issues may be brought up for review by any party.
- (b) This provision allowing ten (10) days in which to perfect an appeal shall apply in every county of Tennessee, any provision of any private act to the contrary notwithstanding, it being the legislative intent to establish a uniform period of ten (10) days in which any such appeal may be perfected in any county in Tennessee.
- (c) Any appeal shall be heard de novo in the circuit court.
- (d)
- (1) Except as provided in subdivision (d)(2), if no appeal is taken within the time provided, then execution may issue.
- (2) For a writ of possession, if no appeal is taken within the time provided, then execution shall issue by operation of law.
History (7)
- Acts 1959, ch. 109, § 4
- T.C.A., § 27-509
- modified
- Acts 2002, ch. 707, § 1
- 2008, ch. 756, § 1
- 2018, ch. 858, § 1
- 2023, ch. 295, § 1.
Chapter 6 Writ of Error § 27-6-101. Right to writ. - A writ of error lies from the final judgment of the court of general sessions to the circuit or proper appellate court, and from the circuit and chancery court to such appellate court, in all cases where an appeal in the nature of a writ of error would have lain.
History (6)
- Code 1858, § 3176 (deriv. Acts 1794, ch. 1, §§ 37, 65, 67
- 1827, ch. 50, § 1)
- Shan., § 4911
- mod. Code 1932, § 9063
- impl. am. Acts 1979, ch. 68, § 3
- T.C.A. (orig. ed.), § 27-601.
§ 27-6-102. Issuance of writ. - It may be moved for and obtained in the appellate court, or issued by the clerk of the appellate court in vacation, upon the transcript of the record being filed in the appellate court clerk's office, and bond given as required by law.
History (5)
- Code 1858, § 3177 (deriv. Acts 1794, ch. 1, §§ 37, 65
- 1811, ch. 72, § 12)
- Shan., § 4912
- Code 1932, § 9064
- T.C.A. (orig. ed.), § 27-602.
§ 27-6-103. Time for application to circuit court. - The application to a clerk of circuit court to bring up a proceeding of the court of general sessions shall be made within sixty (60) days after the date of the judgment appealed from.
History (6)
- Code 1858, § 3179 (deriv. Acts 1823, ch. 44, § 1)
- Shan., § 4915
- Code 1932, § 9067
- mod. C. Supp. 1950, § 9067
- impl. am. Acts 1979, ch. 68, § 3
- T.C.A. (orig. ed.), § 27-603.
§ 27-6-104. Time for application to appellate court. - The application to the clerk of the proper appellate court to bring up a proceeding of the circuit, chancery, or general sessions court shall be made within one (1) year after the judgment or decree.
History (6)
- Code 1858, § 3180 (deriv. Acts 1811, ch. 72, § 12)
- Shan., § 4916
- Code 1932, § 9068
- modified
- impl. am. Acts 1979, ch. 68, § 3
- T.C.A. (orig. ed.), § 27-604.
§ 27-6-105. Time for application to appellate court or judge. - The application to the appellate court, or a judge thereof, to bring up a proceeding of the circuit, chancery, or general sessions court shall be made within two (2) years after the judgment or decree.
History (6)
- Code 1858, § 3181 (deriv. Acts 1799, ch. 12, § 1)
- Shan., § 4917
- Code 1932, § 9069
- modified
- impl. am. Acts 1979, ch. 68, § 3
- T.C.A. (orig. ed.), § 27-605.
§ 27-6-106. Persons with legal rights restored. - Infants, persons adjudicated incompetent, or imprisoned may prosecute writs of error within the time prescribed after legal rights are restored.
History (6)
- Code 1858, § 3182 (deriv. Acts 1799, ch. 12, § 1)
- Acts 1901, ch. 15, § 4
- Shan., § 4918
- mod. Code 1932, § 9070
- T.C.A. (orig. ed.), § 27-606
- Acts 2011, ch. 47, § 16.
§ 27-6-107. Allowance after dismissal of appeal. - Where an appeal in the nature of a writ of error is dismissed on the ground that the record was not brought up within the time prescribed by the rules of the court, the appellant may, notwithstanding, prosecute a writ of error within the same time, and under the same regulations, as if no appeal in the nature of a writ of error had been taken in the case.
History (4)
- Code 1858, § 3185 (deriv. Acts 1827, ch. 50, § 1)
- Shan., § 4921
- Code 1932, § 9073
- T.C.A. (orig. ed.), § 27-607.
§ 27-6-108. Notice of intent to apply. - If sued out after the term of the court at which the judgment complained of was rendered, five (5) days' notice, in writing, shall be given to the adverse party of the intention to apply for the writ.
History (5)
- Code 1858, § 3183 (deriv. Acts 1794, ch. 1, § 37
- 1835-1836, ch. 3, § 19)
- Shan., § 4919
- Code 1932, § 9071
- T.C.A. (orig. ed.), § 27-608.
§ 27-6-109. Proceedings as on appeal. - The bond required from the applicant for the writ of error, and the proceedings in the appellate court thereafter, are the same as those upon an appeal, as provided in this title.
History (4)
- Code 1858, § 3184 (deriv. Acts 1811, ch. 72, § 12)
- Shan., § 4920
- Code 1932, § 9072
- T.C.A. (orig. ed.), § 27-609.
§ 27-6-110. Bond without supersedeas. - Any person may obtain a writ of error, without supersedeas, by giving bond and security for costs alone, if application therefor be made within the time provided by law for such writ, or, if unable to give security, then such person may pauperize.
History (4)
- Acts 1859-1860, ch. 4
- Shan., § 4914
- Code 1932, § 9066
- T.C.A. (orig. ed.), § 27-610.
§ 27-6-111. Supersedeas. - The writ of error does not supersede the execution of the judgment, unless a judge of the proper appellate court is of opinion, from inspecting the record, that there is error, and shall order a supersedeas to issue.
History (4)
- Code 1858, § 3178 (deriv. Acts 1811, ch. 72, § 12)
- Shan., § 4913
- Code 1932, § 9065
- T.C.A. (orig. ed.), § 27-611.
§ 27-6-112. Effect of reversal on execution sale. - If the judgment or decree below has been executed by a sale of property, either real or personal, before the writ of error is obtained and supersedeas granted, the right, title, and interest of any purchaser, previously acquired under the judgment or decree, shall not be disturbed or affected by the reversal of such decree.
History (4)
- Code 1858, § 3186 (deriv. Acts 1835-1836, ch. 20, § 16)
- Shan., § 4922
- Code 1932, § 9074
- T.C.A. (orig. ed.), § 27-612.
Chapter 7 Writ of Error Coram Nobis § 27-7-101. Right to relief. - Any person aggrieved by the judgment of any court in a civil case which is not governed by the Tennessee Rules of Civil Procedure by reason of a material error in fact may reverse the judgment upon writ of error coram nobis as provided in this chapter.
History (5)
- Code 1858, § 3110
- Shan., § 4838
- Code 1932, § 8971
- Acts 1972, ch. 565, § 2
- T.C.A. (orig. ed.), § 27-701.
§ 27-7-102. Errors reached by writ. - The relief embraced in this chapter is confined to errors of fact occurring in proceedings of which the person seeking relief has had no notice, or which such person was prevented by disability from showing or correcting, or where a defense was prevented by surprise, accident, mistake, or fraud, without fault on such person's part. Thus, infancy at the rendition of the judgment, not appearing on the record sought to be corrected, or a real defense to an action by motion, of which the party aggrieved had no notice, and so of like cases, are good grounds for relief under this writ.
History (4)
- Code 1858, §§ 3116, 3117
- Shan., §§ 4844, 4845
- Code 1932, §§ 8977, 8978
- T.C.A. (orig. ed.), § 27-702.
§ 27-7-103. Petition — Supersedeas. - The writ of error coram nobis may be had within one (1) year after the judgment becomes final by petition presented to the judge at chambers or in open court, who may order it to operate as a supersedeas or not.
History (5)
- Code 1858, § 3111
- Shan., § 4839
- Code 1932, § 8972
- Acts 1967, ch. 386, § 1
- T.C.A. (orig. ed.), § 27-703.
§ 27-7-104. Bond for supersedeas. - Before such order shall operate as a supersedeas, the party applying shall give bond, with good security, in double the amount of the judgment, conditioned to abide by and perform the judgment or decree of the court.
History (4)
- Code 1858, § 3112
- Shan., § 4840
- Code 1932, § 8973
- T.C.A. (orig. ed.), § 27-704.
§ 27-7-105. Notice to opposite party. - Notice of the suing out of the writ shall be served on the opposite party, or that party's attorney, at least ten (10) days prior to the term of the court to which the writ is returnable, or the cause shall be continued to the next succeeding term, unless the party entitled to notice consents to a trial at the first term.
History (4)
- Code 1858, § 3113
- Shan., § 4841
- Code 1932, § 8974
- T.C.A. (orig. ed.), § 27-705.
§ 27-7-106. Failure to try at first term. - If the matter is not tried at the first term after the writ is sued out, the court may discharge the supersedeas, upon the motion of the adverse party, and the supersedeas's denial on oath of the facts alleged in the petition, upon taking a refunding bond, with good security, to perform the judgment in case the suit should be eventually decided in favor of the party suing out the writ.
History (4)
- Code 1858, § 3118
- Shan., § 4846
- Code 1932, § 8979
- T.C.A. (orig. ed.), § 27-706.
§ 27-7-107. Rules — Orders of publication. - The court may order publication for nonresident defendants, who have no known agent or attorney in the state, and may prescribe rules for the assignment of errors, making issues thereon, and for all such other matters as are necessary to give full effect to this proceeding.
History (4)
- Code 1858, § 3115
- Shan., § 4843
- Code 1932, § 8976
- T.C.A. (orig. ed.), § 27-707.
§ 27-7-108. Judgment against plaintiff in error. - In all cases of affirmance of the judgment, or dismissal of the writ for any cause, where the original judgment has been superseded, judgment shall be rendered against the plaintiff in error and any sureties for the amount of the former judgment, with interest at the rate of twelve and one-half percent (12½%) per annum from the rendition thereof, and all costs.
History (4)
- Code 1858, § 3114
- Shan., § 4842
- Code 1932, § 8975
- T.C.A. (orig. ed.), § 27-708.
Chapter 8 Certiorari and Supersedeas § 27-8-101. Constitutional basis. - The writ of certiorari may be granted whenever authorized by law, and also in all cases where an inferior tribunal, board, or officer exercising judicial functions has exceeded the jurisdiction conferred, or is acting illegally, when, in the judgment of the court, there is no other plain, speedy, or adequate remedy. This section does not apply to actions governed by the Tennessee Rules of Appellate Procedure.
History (5)
- Code 1858, § 3123 (deriv. Const. 1834, art. 6, § 10)
- Shan., § 4853
- Code 1932, § 8989
- T.C.A. (orig. ed.), § 27-801
- Acts 1981, ch. 449, § 2.
§ 27-8-102. Cases in which writ lies. - (a) Certiorari lies:
- (1) On suggestion of diminution;
- (2) Where no appeal is given;
- (3) As a substitute for appeal;
- (4) Instead of audita querela; or
- (5) Instead of writ of error.
- (b) This section does not apply to actions governed by the Tennessee Rules of Appellate Procedure.
History (5)
- Code 1858, § 3124
- Shan., § 4854
- Code 1932, § 8990
- T.C.A. (orig. ed.), § 27-802
- Acts 1981, ch. 449, § 2.
§ 27-8-103. Levy not required. - It is not necessary that a levy shall be made on the defendant's property in order to entitle the defendant to the writ of certiorari and supersedeas.
History (4)
- Acts 1877, ch. 132, § 1
- Shan., § 4855
- Code 1932, § 8990a
- T.C.A. (orig. ed.), § 27-803.
§ 27-8-104. Power of circuit and chancery courts. - (a) The judges of the inferior courts of law have the power, in all civil cases, to issue writs of certiorari to remove any cause or transcript thereof from any inferior jurisdiction, on sufficient cause, supported by oath or affirmation.
- (b) The chancellors shall have concurrent jurisdiction with the judges of the circuit courts of this state in granting writs of certiorari and supersedeas removing causes from general sessions courts to the circuit courts.
History (6)
- Code 1858, § 3126 (deriv. Const. 1834, art. 6, § 10)
- Acts 1877, ch. 64
- Shan., § 4857
- Code 1932, § 8992
- impl. am. Acts 1979, ch. 68, § 3
- T.C.A. (orig. ed.), § 27-804.
§ 27-8-105. Power of general sessions judges. - Two (2) general sessions judges may, within twenty (20) days after judgment, grant a certiorari and supersedeas to remove the proceedings of a general sessions judge to the circuit court.
History (6)
- Code 1858, § 3127 (deriv. Acts 1801, ch. 7, § 4
- 1833, ch. 65, § 2)
- Shan., § 4858
- Code 1932, § 8993
- impl. am. Acts 1979, ch. 68, § 3
- T.C.A. (orig. ed.), § 27-805.
§ 27-8-106. Petition. - The petition for certiorari may be sworn to before the clerk of the circuit court, the judge, any judge of the court of general sessions, or a notary public, and shall state that it is the first application for the writ.
History (5)
- Code 1858, § 3128 (deriv. Acts 1833, ch. 65, § 1)
- Shan., § 4859
- mod. Code 1932, § 8994
- impl. am. Acts 1979, ch. 68, § 3
- T.C.A. (orig. ed.), § 27-806.
§ 27-8-107. Return to circuit courts. - All writs of certiorari and supersedeas granted to revise the proceedings of the county court, or any general sessions judge, shall be made returnable to the circuit court unless otherwise expressly provided by law.
History (5)
- Code 1858, § 3125
- Shan., § 4856
- Code 1932, § 8991
- impl. am. Acts 1979, ch. 68, § 3
- T.C.A. (orig. ed.), § 27-807.
§ 27-8-108. Amount of supersedeas. - Where the error complained of is in the amount of the judgment, the petition shall show the amount of the mistake, and the supersedeas shall not issue for more than such amount, and the plaintiff in the judgment shall be entitled to execution for the balance not complained of, as if no such writ had been obtained.
History (5)
- Code 1858, § 3129 (deriv. Acts 1827, ch. 26, § 1
- 1829, ch. 16, § 1)
- Shan., § 4860
- Code 1932, § 8995
- T.C.A. (orig. ed.), § 27-808.
§ 27-8-109. Part of judgment involved. - When the certiorari extends only to a part of the judgment, or it is brought by one (1) or more of several parties only, a certified copy of the proceedings complained of shall be made out by the proper officer, and filed in lieu of the original papers, and proceedings as to parties who do not join in the application shall not be affected.
History (4)
- Code 1858, § 3130 (deriv. Acts 1827, ch. 26, § 3)
- Shan., § 4861
- Code 1932, § 8996
- T.C.A. (orig. ed.), § 27-809.
§ 27-8-110. Prosecution bond. - The clerk of the circuit court, before such clerk issues the writ, shall take bond from the party applying, with good security, in double the amount of the judgment or error complained of, payable to the opposite party, conditioned to prosecute the writ with effect, or perform the judgment which shall be rendered in the cause.
History (4)
- Code 1858, § 3131 (deriv. Acts 1807, ch. 81, § 1)
- Shan., § 4862
- Code 1932, § 8997
- T.C.A. (orig. ed.), § 27-810.
§ 27-8-111. Security for costs. - The original plaintiff, upon certiorari to a higher court, may be ruled to give security for the costs of suit in such higher court.
History (4)
- Code 1858, § 3139
- Shan., § 4870
- Code 1932, § 9007
- T.C.A. (orig. ed.), § 27-811.
§ 27-8-112. Supersedeas. - The clerk shall also issue a writ of supersedeas in all necessary cases, directed to the opposite party, or the officer in whose hands the execution may be, which shall effectually supersede all further proceedings thereon.
History (4)
- Code 1858, § 3132
- Shan., § 4863
- Code 1932, § 8998
- T.C.A. (orig. ed.), § 27-812.
§ 27-8-113. Supersedeas on pauper's application. - (a) No supersedeas shall issue upon application in forma pauperis, without express order of the judge dispensing with security.
- (b) Such order may be made by the judge only on notice to the adverse party of the application.
History (4)
- Code 1858, § 3133
- Shan., § 4864
- Code 1932, § 8999
- T.C.A. (orig. ed.), § 27-813.
§ 27-8-114. Action after refusal of supersedeas. - (a) On refusing such order, the judge may either take bond from the adverse party for the payment of damages, including the value of property levied on, or for the safekeeping of the property and its redelivery at the end of the suit, with damages, if the applicant succeeds in the application; or, the judge may order the property to be kept by the officer, and take bond from the plaintiff for damages only; or, if the property is such as to render it proper, or if the applicant consents, the judge may order the sale to proceed and take bond from the plaintiff for payment of damages; or, the judge may make such other order as the parties may agree on or the circumstances justify.
- (b) In such case, no further notice shall be required to bring the parties into court.
History (4)
- Code 1858, §§ 3134, 3135
- Shan., §§ 4865, 4866
- Code 1932, §§ 9000, 9001
- T.C.A. (orig. ed.), § 27-814.
§ 27-8-115. Time of trial. - Suits brought into an appellate court, by writ of certiorari, shall be triable at the return term of the writ.
History (4)
- Acts 1903, ch. 115, § 1
- Shan., § 4866a1
- Code 1932, § 9002
- T.C.A. (orig. ed.), § 27-815.
§ 27-8-116. Determination on motion to quash or dismiss. - On motion to quash or dismiss a writ of certiorari granted in lieu of an appeal, issue may be taken and proof heard upon the facts alleged in the petition as ground for not appealing, which issue shall thereupon be determined by the court.
History (4)
- Acts 1903, ch. 115, § 2
- Shan., § 4866a2
- Code 1932, § 9003
- T.C.A. (orig. ed.), § 27-816.
§ 27-8-117. Judgment for applicant. - On the final judgment, the court may, if the applicant obtain relief, direct the jury trying the cause to assess damages, or may impanel a jury for that purpose, may order restitution of the property, or give such other judgment in the applicant's favor as the state of the case requires.
History (4)
- Code 1858, § 3136
- Shan., § 4867
- Code 1932, § 9004
- T.C.A. (orig. ed.), § 27-817.
§ 27-8-118. Judgment against applicant. - (a) Upon affirmance of the judgment or decree below or recovery of a larger amount, or upon dismissal of the certiorari for want of prosecution, or for any other cause, the court shall enter judgment for the amount recovered against the principal and the sureties on the prosecution bond, with interest at the rate of six percent (6%) per annum from the date of the judgment or decree below, and all costs.
- (b) In all other cases, the judgment of the higher court, if against the party obtaining the certiorari, shall be for the amount of the recovery, with interest and costs, against the principal and sureties to the prosecution bond.
History (7)
- Code 1858, §§ 3137, 3138 (deriv. Acts 1794, ch. 1, § 64
- 1817, ch. 119, § 2)
- impl. am. Acts 1861 (1st E. S.), ch. 6, § 1
- impl. am. Acts 1865-1866, ch. 17, § 1
- Shan., §§ 4868, 4869
- Code 1932, §§ 9005, 9006
- T.C.A. (orig. ed.), § 27-818.
Chapter 9 Review of Boards and Commissions § 27-9-101. Right of review. - Anyone who may be aggrieved by any final order or judgment of any board or commission functioning under the laws of this state may have the order or judgment reviewed by the courts, where not otherwise specifically provided, in the manner provided by this chapter.
History (3)
- Code 1932, § 9008
- modified
- T.C.A. (orig. ed.), § 27-901.
§ 27-9-102. Filing and contents of petition. - Such party shall, within sixty (60) days from the entry of the order or judgment, file a petition of certiorari in the chancery court of any county in which any one (1) or more of the petitioners, or any one (1) or more of the material defendants reside, or have their principal office, stating briefly the issues involved in the cause, the substance of the order or judgment complained of, the respects in which the petitioner claims the order or judgment is erroneous, and praying for an accordant review.
History (2)
- Code 1932, § 9008
- T.C.A. (orig. ed.), § 27-902.
§ 27-9-104. Defendants named in petition. - The petition shall be addressed to the presiding chancellor and shall name as defendants the particular board or commission and such other parties of record, if such, as were involved in the hearing before the board or commission, and who do not join as petitioners.
History (2)
- Code 1932, § 9008
- T.C.A. (orig. ed.), § 27-904.
§ 27-9-105. Security for costs. - The petitioner shall give bond for costs as in other chancery suits, or oath of paupers in lieu.
History (2)
- Code 1932, § 9009
- T.C.A. (orig. ed.), § 27-905.
§ 27-9-106. Supersedeas. - (a) If the order or judgment rendered by such board or commission made the basis of the petition for certiorari shall make any material change in the status of any matter determined therein, the petitioner may, upon reasonable notice to the board or commission and other material defendants, apply to the chancellor, at the time of filing such petition, for a supersedeas, and the chancellor, in the chancellor's discretion, may grant a writ of supersedeas to stay the putting into effect of such order or judgment or any part thereof.
- (b) No such supersedeas shall be granted until a good and sufficient bond, in an amount to be fixed and approved by the chancellor, shall have been given by the petitioner, conditioned to indemnify the defendants named in the petition from any injury that may result by reason of the granting of such supersedeas.
History (2)
- Code 1932, § 9017
- T.C.A. (orig. ed.), § 27-906.
§ 27-9-107. Notice of filing to defendants. - Upon the filing of such petition, the clerk of the court of pendency shall immediately send, by registered return-receipt mail, to the board or commission a notice of the filing of the petition and a certified copy thereof. The clerk shall also send a similar notice to the last known post office address of each other party named as defendant.
History (2)
- Code 1932, § 9010
- T.C.A. (orig. ed.), § 27-907.
§ 27-9-108. Notice prior to grant of writ. - The court before granting the writ of certiorari may require notice of the application to be given to the adverse party, or may grant it without such notice.
History (2)
- Code 1932, § 9011
- T.C.A. (orig. ed.), § 27-908.
§ 27-9-109. Transcript of proceedings. - (a) Immediately upon the grant of a writ, the board or commission shall cause to be made, certified and forwarded to such court a complete transcript of the proceedings in the cause, containing also all the proof submitted before the board or commission.
- (b) The clerk of such court shall promptly, by registered return-receipt mail, notify each party named as defendant in the petition of the filing of such transcript.
History (2)
- Code 1932, § 9012
- T.C.A. (orig. ed.), § 27-909.
§ 27-9-110. Defensive pleadings — Amendments. - (a) All defendants named in such petition, desiring to make defense, shall do so by answer (in which grounds of demurrer shall be incorporated) to such petition within thirty (30) days from the date of the filing of the transcript, unless the time be extended by the court.
- (b) Any other person who may be affected by the decision to be made by such court may, upon leave given, intervene and file such an answer in the cause.
- (c) Amendments may be granted as in chancery procedure.
History (2)
- Code 1932, § 9013
- T.C.A. (orig. ed.), § 27-910.
§ 27-9-111. Hearing — Findings. - (a) At the expiration of ninety (90) days from the filing of the transcript, the cause shall stand for trial, and shall be heard and determined at the earliest practical date, as one having precedence over other litigation, except suits involving state, county or municipal revenue.
- (b) The hearing shall be on the proof introduced before the board or commission contained in the transcript, and upon such other evidence as either party may desire to introduce.
- (c) The judge shall reduce all findings of fact and conclusions of law to writing and make them parts of the record.
- (d) In making such findings of fact, the judge shall weigh the evidence and determine the facts by the preponderance of the proof.
- (e) If the final decision of a board or commission revokes, suspends, or denies a license or permit that is required prior to engaging in conduct protected by the First Amendment to the Constitution of the United States, and either the petitioner or the respondent requests an expedited hearing, the court shall immediately grant the writ of certiorari, and shall hear the matter and issue its decision within forty (40) days of the court granting the writ of certiorari. When an expedited hearing is requested, the board or commission shall forward the transcript described in § 27-9-109 within seven (7) days of the grant of the writ of certiorari.
History (6)
- Code 1932, § 9014
- Acts 1951, ch. 261, § 1
- T.C.A. (orig. ed.), § 27-911
- Acts 1987, ch. 28, §§ 1-3
- 1998, ch. 794, § 1
- 2002, ch. 615, § 1.
§ 27-9-112. Appeal. - (a) Any party dissatisfied with the decree of the court may appeal to the court of appeals in the manner provided by the Tennessee Rules of Appellate Procedure.
- (b) Such appeal shall be advanced upon the docket of the court of appeals as one of such precedence, and heard as promptly as practicable.
History (4)
- Code 1932, § 9015
- Acts 1970, ch. 424, §§ 1, 2
- T.C.A. (orig. ed.), § 27-912
- Acts 1981, ch. 449, § 2.
§ 27-9-113. Certification of decree on appeal. - The clerk of the Supreme Court shall certify and send direct to such board or commission the decree of the Supreme Court, which shall be binding upon and enforced by such board or commission.
History (2)
- Code 1932, § 9016
- T.C.A. (orig. ed.), § 27-913.
§ 27-9-114. Proceedings involving certain public employees. - (a)
- (1) Contested case hearings by civil service boards of a county or municipality which affect the employment status of a civil service employee shall be conducted in conformity with contested case procedures under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.
- (2) The provisions of subdivision (a)(1) pertaining to hearings by civil service boards shall not apply to municipal utilities boards or civil service boards of counties organized under a home rule charter form of government.
- (b)
- (1) Judicial review of decisions by civil service boards of a county or municipality which affects the employment status of a county or city civil service employee shall be in conformity with the judicial review standards under the Uniform Administrative Procedures Act, § 4-5-322.
- (2) Petitions for judicial review of decisions by a city or county civil service board affecting the employment status of a civil service employee shall be filed in the chancery court of the county wherein the local civil service board is located.
- (3) In any appeal pursuant to this section deemed by the court to be frivolous, the sanctions of the Federal Rules of Civil Procedure, Rule 11 may be applied by the chancellors.
- (c) This section shall not apply to the benefit board of any county having a metropolitan form of government that has a population in excess of five hundred thousand (500,000), or to the benefit board of any county having a population in excess of eight hundred thousand (800,000), both according to the 2000 federal census or any subsequent federal census. This subsection (c) shall have no effect in any county unless it is approved by a resolution adopted by a two-thirds (⅔) vote of the legislative body of any county to which this subsection (c) applies. The approval or nonapproval of this subsection (c) shall be proclaimed by the presiding officer of the legislative body and certified to the secretary of state.
History (6)
- Acts 1949, ch. 266, §§ 1, 2
- C. Supp. 1950, § 9018.1
- T.C.A. (orig. ed.), § 27-914
- Acts 1988, ch. 1001, § 1
- 1990, ch. 629, § 1
- 2008, ch. 757, § 1.
2024 Tennessee Code Unannotated