2021 Tennessee Code
Title 20 - Civil Procedure

§ 20-2-225. Other Bases of Jurisdiction Unaffected — Jurisdiction Whenever Permitted by Constitution - A court of this state may exercise jurisdiction:

§ 20-2-226. Service on the Secretary of State—collection of Fee - The secretary of state shall collect a fee of twenty...

Chapter 3 - Lis Pendens

§ 20-3-101. Filing of Abstract — Effect of Not Filing - 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...

§ 20-3-103. Termination of Action in Which Filed - Code 1932, § 8056; T.C.A. (orig. ed.), § 20-304.

Chapter 4 - Venue

Part 1 - Venue of Actions

§ 20-4-101. Transitory Actions - Code 1858, §§ 2808, 2809 (deriv. Acts 1809 (Sept.), ch....

§ 20-4-103. Actions in Rem - In actions commenced by the attachment of property without personal...

§ 20-4-104. Business Office of Party - For all civil actions, if the defendant is not a...

§ 20-4-105. Objection to Venue - If action is brought in the wrong county, it may...

§ 20-4-107. Real Property — State or Agency a Party - Notwithstanding any other law or rule of procedure to the...

§ 20-4-108. Construction - Nothing in this part shall be construed to repeal or...

Part 2 - Change of Venue

§ 20-4-201. Cases in Which Venue Changeable - In all civil cases at law where the issue is...

§ 20-4-202. One Change for Each Side - The venue may be changed by the plaintiff or defendant,...

§ 20-4-203. Application for Change - The party applying for a change of venue shall make...

§ 20-4-204. Allowance of Change - If the presiding judge, on due consideration, is of the...

§ 20-4-206. Court to Which Changed — Special Venire - Code 1858, § 2839 (deriv. Acts 1809 (Sept.), ch. 49,...

§ 20-4-207. Costs of Change - The party applying for a change of venue shall, in...

§ 20-4-208. Incompetency of Judge - Code 1858, § 3924; Acts 1870, ch. 9, § 1;...

§ 20-4-209. Transmission of Records - When a change of venue is directed, the clerk of...

§ 20-4-210. Expense of Transmitting Records - The clerk or messenger delivering the packages will be entitled...

§ 20-4-211. Expenses Relating to Jury - When a change of venue in any case, either civil...

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...

§ 20-5-102. Actions Surviving Death of Party - No civil action commenced, whether founded on wrongs or contracts,...

§ 20-5-104. Revival by or Against Heirs - If no person will administer on the estate of a...

§ 20-5-105. Revival by or Against Successor in Interest - If the decedent has parted with the decedent's interest pending...

§ 20-5-106. Injury Resulting in Death — Succession to Cause of Action — Beneficiary Who Is Minor or Legally Incompetent - Code 1858, § 2291 (deriv. Acts 1849-1850, ch. 58, §...

§ 20-5-107. Prosecution of Action by Representative or Surviving Spouse or Next of Kin - Code 1858, § 2292 (deriv. Acts 1849-1850, ch. 58, §§...

§ 20-5-108. Continuation of Decedent's Action - Code 1858, § 2293; Shan., § 4028; mod. Code 1932,...

§ 20-5-111. Death of Beneficiary Before Action - Death of a primary beneficiary, after the death of one...

§ 20-5-112. Death of Beneficiary During Action - No suit for personal injuries or death from a wrongful...

§ 20-5-113. Damages Recoverable in Wrongful Death - Where a person's death is caused by the wrongful act,...

§ 20-5-114. Death of Executor or Administrator - When any sole executor or administrator is plaintiff or defendant...

§ 20-5-116. Party Substituted in Revivor - Suit abated by the death of either party may be...

§ 20-5-117. Death of Nominal Plaintiff - Where a suit is commenced in the name of one...

Chapter 6 - Pleadings

Part 1 - General Provisions

§ 20-6-101. Scope of Chapter - The pleadings described in this chapter apply to all actions...

Part 2 - Declarations

§ 20-6-201. Successive Actions - Successive actions may be maintained on the same contract or...

§ 20-6-202. Actions on Bonds - In actions upon penal bonds or other writings for the...

Part 3 - Defensive Pleas -

Part 4 - Setoff

§ 20-6-401. Setoff by Co-Maker or Surety - A co-maker or surety, when sued alone, may, with the...

§ 20-6-402. Costs on Equal Demands - On a plea of setoff or recoupment, if the demand...

§ 20-6-403. Judgment Molded to Facts - When there are several defendants, the verdicts and judgments, whether...

Chapter 7 - Continuances

§ 20-7-101. Grounds — Timing - Continuances are regulated by this chapter, and may always be...

§ 20-7-102. Consent of Parties - Any cause may be continued by mutual consent of the...

§ 20-7-103. Terms on Which Granted - The court, in so entering or in granting continuances, may...

§ 20-7-104. Judgment for Costs - If a continuance is granted on payment of costs, the...

§ 20-7-105. Death of Party During Continuance - The death of a party shall not prevent a trial...

§ 20-7-106. Member of General Assembly as Attorney, Party or Witness in Case - Upon the motion of a member of the general assembly...

Chapter 8 - Trial Dockets

§ 20-8-101. Priority of Causes - Code 1858, §§ 2945, 2946; Shan., §§ 4666, 4667; Code...

§ 20-8-102. Style of Case Not to Be Changed by Clerk - The clerk of the court shall not change the style...

§ 20-8-103. Order of Trial - Causes, except those given preference by law, thus docketed shall...

§ 20-8-104. Apportionment of Causes - The court may, in its discretion, direct the clerk to...

§ 20-8-105. Public Causes Advanced on Docket - It is the duty of the court to advance upon...

§ 20-8-106. Time for Trial of Cases Involving State - The trial judge of any of the courts of law...

Chapter 9 - Trial

Part 1 - Recording

§ 20-9-101. Appointment of Court Reporter - Upon the trial of any cause or proceeding in any...

§ 20-9-103. Compensation of Court Reporter - The party alone at whose instance the court reporter was...

§ 20-9-104. Tape Recording of Proceedings - It is lawful for attorneys representing parties in proceedings in...

Part 2 - Jurors

§ 20-9-201. Calling Names of Jurors - In all civil causes, before the jury is sworn, the...

§ 20-9-202. Delays in Trial — Other Business - Pending the trial of any cause in any court at...

§ 20-9-203. Disability of Juror - Code 1858, §§ 2962, 2963 (deriv. Acts 1817, ch. 99,...

Part 3 - Arguments

§ 20-9-301. Opening Statements — Right of Parties to Make - In all actions of a civil or criminal nature tried...

§ 20-9-302. Declaration May Be Read to Jury - In the trial of any civil suit, counsel shall be...

§ 20-9-303. Demonstrative Evidence Permitted in Argument - In the trial of any civil suit, counsel for either...

§ 20-9-304. Monetary Value of Pain and Suffering Permitted in Argument - In the trial of a civil suit for personal injuries,...

Part 4 - Dismissal

§ 20-9-401. Dismissal Against Part of Defendants - The plaintiff may, at any time during the pendency of...

Part 5 - Deliberation and Verdict

§ 20-9-501. Charge to Jury in Writing - On the trial of all civil cases, it is the...

§ 20-9-502. Verdict Applied to Good Count - If any counts in a declaration are good, a verdict...

§ 20-9-503. Scope of General Verdict - A general verdict, although it may not in terms answer...

§ 20-9-504. Value Omitted From Verdict - If the verdict in an action for specific personal property...

§ 20-9-505. Verdict for Part of Property - If, on an issue embracing several articles, the verdict is...

§ 20-9-506. Time for Decision in Nonjury Cases - When any judge of any district tries a case without...

§ 20-9-508. Poll of Jury on Request - The trial judges in all courts of record in which...

§ 20-9-510. Submission of Exhibits to Jury - The trial judge in civil cases may, in the judge's...

Part 6 - Tennessee Court Reporter Act of 2009

§ 20-9-602. Part Definitions - As used in this part, unless the context otherwise requires:

§ 20-9-605. Duties and Responsibilities of the Board - The board shall have the duty and responsibility to:

§ 20-9-607. Rules and Regulations - The board shall promulgate rules and regulations necessary to implement,...

§ 20-9-608. Fines for Practicing Court Reporting Without a License - After January 1, 2011, any person who undertakes or attempts...

§ 20-9-611. Fees for Licensure - The fees for licensure pursuant to this part shall be...

§ 20-9-613. Applications for Grandfathering Licensure to Practice as Court Reporter — Automatic Granting of Licensure - and upon payment of a fee in an amount determined...

§ 20-9-614. Temporary License Upon Proof of Graduation From Court Reporting Program - Any person who provides to the board satisfactory proof of...

§ 20-9-615. Inactive Status - The board shall establish an inactive status for persons who...

Chapter 10 - Additur and Remittitur -

Chapter 11 - Formal Defects in Proceedings

§ 20-11-103. Defective Verdict - Any defect in entering a verdict where there are different...

§ 20-11-105. Penal and Qui Tam Actions - This chapter shall apply to penal and qui tam as...

§ 20-11-108. General Sessions Court Proceedings on Appeal - In appeals from courts of general sessions, the circuit court...

§ 20-11-109. Copy of Lost Paper - If an original process, pleading or paper in a cause...

Chapter 12 - Costs

§ 20-12-101. Recovery by Successful Party - The successful party in all civil actions is entitled to...

§ 20-12-102. Litigation Tax - Litigation taxes shall be payable as required by §§ 67-4-602...

§ 20-12-103. Copies of Records - The necessary fees paid by the successful party in procuring...

§ 20-12-104. Postage - Postage or expressage paid by the officers of the court,...

§ 20-12-105. Number of Witnesses - Code 1858, §§ 3213, 3214 (deriv. Acts 1783, ch. 11,...

§ 20-12-106. Dismissal — Compromise - Suits may be dismissed, in writing, out of term time...

§ 20-12-107. Omitted Costs - Costs omitted in taxing the bills of costs may be...

§ 20-12-108. Correction of Erroneous Taxation - If the taxation of costs is excessive by charging the...

§ 20-12-109. Charged Against Real Plaintiff - Where suit is brought in the name of one for...

§ 20-12-110. Dismissal, Abatement or Discontinuance - In cases of nonsuit, dismissal, abatement by death of plaintiff...

§ 20-12-111. Appeal From General Sessions Court - If the appeal of the defendant from a judgment of...

§ 20-12-112. Jurisdictional Defects — Irregular Transfer - Where a suit is dismissed from any court for want...

§ 20-12-113. Abatement of Action - When a plaintiff suffers the plaintiff's action to abate by...

§ 20-12-114. Nominal Damages Recovered - In civil actions founded upon assault, assault and battery, malicious...

§ 20-12-115. Actions for Overflow of Water - In all suits for the recovery of damages occasioned by...

§ 20-12-116. Usury - If it appears in the action that usurious interest has...

§ 20-12-117. Taxation Between Defendants - The defendants against whom judgment has been recovered are entitled,...

§ 20-12-118. Cases Not Expressly Covered - If any case occurs not directly or by fair implication...

§ 20-12-120. Security Given by Plaintiff - No leading process shall issue from any court without security...

§ 20-12-121. Failure to Take Security - Any clerk who neglects to take the security required by...

§ 20-12-122. Actions Commenced by Petition or Motion - In any action commenced by petition or motion, the plaintiff...

§ 20-12-123. Appeals From General Sessions Court - The plaintiff in an action commenced before a judge of...

§ 20-12-124. Rule to Give Security - Any person required by law to give security for costs...

§ 20-12-125. Terms of Bond - In all cases of bonds, for the prosecution of original...

§ 20-12-126. Omission of Provisions From Bond - No omission or neglect to insert the proper conditions in...

§ 20-12-127. Pauper's Oath - I, , do solemnly swear under penalties of perjury, that...

§ 20-12-129. Next Friend's Oath - A person acting as the next friend of an infant...

§ 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,...

§ 20-12-132. Dismissal of Pauper's Action - Code 1858, § 3194 (deriv. Acts 1821, ch. 22, §...

§ 20-12-133. Judgment Against Pauper - On failure, for any reason, to prosecute the action or...

§ 20-12-134. Payment by State - In all cases where any civil action is brought on...

§ 20-12-135. Judgment Against Surety - When security is given, judgment may, on motion, be rendered...

§ 20-12-136. Execution Against Principal and Surety - Where the costs in any case in a court of...

§ 20-12-137. Recovery From Successful Party - All costs in civil actions accrued at the instance of...

§ 20-12-138. Notice of Motion Against Successful Party - In all civil cases, when motions are made against the...

§ 20-12-139. Bill of Costs on Appeal - In case of appeals from the circuit or chancery court,...

§ 20-12-140. Payments From Appellate to Trial Court - When the costs accrued in the appellate court, and in...

§ 20-12-141. Payments by Clerk of Trial Court - On receiving the costs as described in § 20-12-140, the...

§ 20-12-142. Construction as Remedial - The law of costs shall be construed remedially and not...

Chapter 13 - Actions by and Against State

§ 20-13-101. Power to Prosecute Suits - The state shall commence and prosecute suits according to the...

§ 20-13-103. Compromise and Settlement of Litigation - The attorney general and reporter may compromise and settle, insofar...

§ 20-13-104. Order for Deposit in Treasury - In all suits brought by the state, where it is...

§ 20-13-105. Appeal From Deposit Order - No appeal shall lie from any deposit order until after...

§ 20-13-106. Safekeeping of Deposited Securities - The court, judge or chancellor shall make such order as...

§ 20-13-107. Return of Deposited Property - Where moneys are deposited in the state treasury under the...

§ 20-13-108. Methods of Deposit and Withdrawal - The funds or securities shall be placed in the state...

§ 20-13-109. Tax Recovery by Other States - Any state of the United States or the political subdivisions...

§ 20-13-110. Venue for Real Property Lien Action Against State - Venue for any suit against the state relative to a...

Chapter 14 - Violence in the Workplace

§ 20-14-101. Chapter Definitions - As used in this chapter, unless the context otherwise requires:

§ 20-14-102. Temporary Restraining Order and Injunction - Any employer or employee who has suffered unlawful violence or...

§ 20-14-104. Petition — Affidavit — Duration of Temporary Restraining Order - Upon filing a petition with the court for an injunction...

§ 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...

§ 20-14-106. Service of Petition, Temporary Restraining Order, and Notice of Hearing - Upon the filing of a petition for an injunction under...

§ 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...

§ 20-14-108. Construction of Chapter - Nothing in this chapter shall be construed as expanding, diminishing,...

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...

§ 20-15-102. Public Policy - It is the public policy of this state that the...

§ 20-15-105. Application to Various Forms of Business Association - Without prejudice to any other legal right, this chapter shall...

§ 20-15-106. Application to Foreseeable Violations of Constitutional Rights From Foreign Law, Legal Code or System - The public policies expressed in this chapter shall apply only...

Chapter 16 - Summary Judgment

§ 20-16-101. Burden of Proof in Summary Judgment Motions - In motions for summary judgment in any civil action in...

Chapter 17 - Tennessee Public Participation Act

§ 20-17-101. Short Title - This chapter shall be known and may be cited as...

§ 20-17-102. Purpose of Chapter - The purpose of this chapter is to encourage and safeguard...

§ 20-17-103. Chapter Definitions - As used in this chapter:

§ 20-17-106. Appeal of Order Dismissing or Refusing to Dismiss Legal Action - The court's order dismissing or refusing to dismiss a legal...

§ 20-17-108. Effect of Chapter - Nothing in this chapter:

§ 20-17-109. Intent of Chapter - This chapter is intended to provide an additional substantive remedy...

§ 20-17-110. Severability - If any provision of this chapter or the application thereof...

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2021 Tennessee Code Title 20 - Civil Procedure

2021 Tennessee Code
Title 20 - Civil Procedure