2021 Tennessee Code
Title 29 - Remedies and Special Proceedings

Chapter 1 - General Provisions — Extraordinary Process

§ 29-1-101. Application of Equitable Remedies - The provisions of this Code relating to injunctions, appointment of...

§ 29-1-102. Injunction Pending Litigation - In real actions, and in actions for the recovery of...

§ 29-1-103. Receivers Pending Litigation - The courts are all vested with power to appoint receivers...

§ 29-1-104. Receiver's Bond - The clerk and master, when so directed by the order...

§ 29-1-105. Courts' Powers Over Extraordinary Process - In all proper cases, also, any of the courts may...

§ 29-1-106. Judges Granting Extraordinary Process - Injunctions, attachments, except as otherwise provided, writs of ne exeat,...

§ 29-1-107. Statement as to First Application - No such extraordinary process shall be granted, unless the party...

§ 29-1-108. Application After Refusal - If any application is made for extraordinary process and refused,...

§ 29-1-109. Endorsement of Refusal - When an application is refused, the officer to whom the...

§ 29-1-110. Transmission of Bill and Fiat to Clerk - It is the duty of the judge, upon granting the...

§ 29-1-111. Scope of Provisions - Sections 29-1-104 — 29-1-110 and Chapters 1 9 and 24...

Chapter 2 - Statute of Frauds

§ 29-2-101. Writing Required for Action - unless the promise or agreement, upon which such action shall...

Chapter 3 - Abatement of Nuisances

§ 29-3-102. Jurisdiction to Abate - The jurisdiction is hereby conferred upon the chancery, circuit, and...

§ 29-3-103. Filing of Bill — Parties - When a public nuisance, as defined in § 29-3-101, is...

§ 29-3-104. Bond of Relators - Where such bill or petition is filed by citizens and...

§ 29-3-108. Time of Trial - Proceedings under §§ 29-3-101 — 29-3-111 shall be triable at...

§ 29-3-109. Discovery - Discovery may be permitted under the rules of civil procedure...

§ 29-3-112. Unlawfully Engaging in Business or Profession - The carrying on, conducting, or practice of any profession, business,...

§ 29-3-113. Relators in Abatement of Business or Occupation - The writ of injunction provided for in § 29-3-112 may...

§ 29-3-114. Abatement Incident to Action for Damages - In all suits brought for the recovery of damages resulting...

§ 29-3-115. Proof in Action for Damages - On the trial of such action for the recovery of...

Chapter 4 - Agreed Cases

§ 29-4-101. Agreement to Submit — Court to Which Submitted - The same parties who are entitled to enter into an...

§ 29-4-102. Real Controversy - It must appear by the affidavit of the parties, or...

§ 29-4-103. Costs - The parties shall give bond and security for the costs...

§ 29-4-104. Judgment — Jurisdiction - The judgment or decree shall be entered as in other...

§ 29-4-105. Appeal - The parties to submission and agreed cases are entitled to...

Chapter 5 - Arbitration

Part 1 - General Provisions

§ 29-5-101. Subjects of Arbitration - All causes of action, whether there be a suit pending...

§ 29-5-102. Scope of Submission - The submission may be of some particular matters or demands,...

§ 29-5-103. Parties Entitled to Submit - The submission may be made by any party in interest,...

§ 29-5-104. Contents of Agreement — Court of Entry - Code 1858, §§ 3434, 3436 (deriv. Acts 1851-1852, ch. 173,...

§ 29-5-105. Entry of Agreement — Order of Submission - On proof of such agreement, or by consent of parties...

§ 29-5-106. Irrevocability of Submission - No such submission shall be revocable after the submission agreement...

§ 29-5-107. Notice of Hearing — Continuances - Code 1858, § 3442; Shan., § 5198; mod. Code 1932,...

§ 29-5-108. Failure of Parties to Appear - If either party neglects to appear for trial after due...

§ 29-5-109. Evidence and Witnesses - Code 1858, §§ 3443-3445 (deriv. Acts 1806, ch. 46, §§...

§ 29-5-110. Umpire - Code 1932, § 9363; T.C.A. (orig. ed.), § 23-510.

§ 29-5-111. Time of Filing Award - Code 1858, §§ 3440, 3441 (deriv. Acts 1851-1852, ch. 173,...

§ 29-5-112. Transmission of Award to Court - The award shall be in writing, and should be delivered...

§ 29-5-113. Time of Action on Award - The cause will be entered on the docket and called...

§ 29-5-114. Rejection or Recommittal - The award may be rejected by the court for any...

§ 29-5-115. Modification of Award - The court is empowered, on motion of either party, to...

§ 29-5-116. Compensation of Arbitrators and Umpire - Arbitrators and the umpire, if one, shall be entitled to...

§ 29-5-117. Costs - If there is no provision in the submission respecting costs,...

§ 29-5-118. Judgment on Award - When the award is adopted, it is filed and entered...

§ 29-5-119. Common Law Awards - Awards of arbitrators under agreements not reached in pursuance of...

Part 2 - Cotton Arbitration

§ 29-5-201. Short Title - This part shall be known and may be cited as...

§ 29-5-204. Appointment of Arbitrators - If the arbitration agreement provides a method of appointment of...

§ 29-5-205. Majority of Arbitrators Exercise Powers - The powers of the arbitrators may be exercised by a...

§ 29-5-206. Hearings - Unless otherwise provided by the agreement:

§ 29-5-207. Representation by Attorney - A party has the right to be represented by an...

§ 29-5-211. Expenses, Costs and Fees - Unless otherwise provided in the agreement to arbitrate, the arbitrators'...

§ 29-5-212. Confirmation of Award - Upon application of a party the court shall confirm an...

§ 29-5-217. Application for Court Order — Procedure — Notice - Except as otherwise provided, an application to the court under...

§ 29-5-221. Application of Law - This part shall apply only to agreements made subsequent to...

Part 3 - Uniform Arbitration Act

§ 29-5-304. Appointment of Arbitrators - If the arbitration agreement provided a method of appointment of...

§ 29-5-305. Exercise of Arbitrators' Powers - The powers of the arbitrators may be exercised by a...

§ 29-5-306. Conduct of Hearings - Unless otherwise provided by the agreement:

§ 29-5-307. Right to Representation by Attorney - A party has the right to be represented by an...

§ 29-5-310. Modification of Award - On application of a party or, if an application to...

§ 29-5-311. Expenses and Fees - Unless otherwise provided in the agreement to arbitrate, the arbitrators'...

§ 29-5-312. Confirmation of Award - Upon application of a party, the court shall confirm an...

§ 29-5-315. Entry and Enforcement of Judgment — Costs - Upon the granting of an order confirming, modifying or correcting...

§ 29-5-317. Application to Be by Motion — Notice — Service - Except as otherwise provided, an application to the court under...

§ 29-5-318. Venue of Initial Application - An initial application shall be made to the court of...

§ 29-5-320. Construction of Part - This part shall be so construed as to effectuate its...

Chapter 6 - Attachment and Replevy

§ 29-6-101. Grounds for Attachment - Any person having a debt or demand due at the...

§ 29-6-102. Debts Not Due - An attachment may, in like manner, be sued out upon...

§ 29-6-103. Endorser or Surety - Any accommodation endorser or surety may, in like manner, sue...

§ 29-6-104. Judgment Postponed Until Debt Due - No final judgment or decree shall be rendered upon attachment...

§ 29-6-105. Discharge on Giving Bond - The attachment by endorser or surety shall be discharged, if...

§ 29-6-107. Return of Summons Unserved - Code 1858, §§ 3466, 3467 (deriv. Acts 1794, ch. 1,...

§ 29-6-108. Property of Nonresidents - No judicial attachment shall issue against the estate of any...

§ 29-6-109. Parties Residents of Same Foreign State - When the debtor and creditor, tort-claimant and tort-feasor, are both...

§ 29-6-110. Jurisdiction of Courts - Suits by original attachment may be brought in any court,...

§ 29-6-111. Attachment by Chancery on Legal Debts - Any person may also sue out an attachment in the...

§ 29-6-112. Officer Granting Attachment - The attachment may be granted by any judge of the...

§ 29-6-113. Plaintiff's Affidavit - In order to obtain an attachment, the plaintiff, plaintiff's agent...

§ 29-6-114. Alternative Statement of Grounds - It is no objection to the attachment that the bill,...

§ 29-6-115. Plaintiff's Bond - The officer to whom application is made, shall, before granting...

§ 29-6-116. Amount of Bond - The bond to be required before issuance of the writ...

§ 29-6-118. Filing of Affidavit and Bond - The affidavit and bond shall be filed by the officer...

§ 29-6-119. Pleadings on Debt Not Due - If the debt or demand, on which the attachment suit...

§ 29-6-120. Contents of Writ - The writ shall be addressed to the sheriff of the...

§ 29-6-121. Form of Writ - State of Tennessee, County. To the sheriff of County, greeting:...

§ 29-6-122. Return of Affidavit and Bond - The affidavit and bond shall be returned by the officer...

§ 29-6-123. Abatement for Want of Affidavit or Bond - Attachments issued without affidavit and bond, as herein prescribed, may...

§ 29-6-124. Correction of Defects - The attachment law shall be liberally construed, and the plaintiff,...

§ 29-6-125. Alias Writs - Alias writs of attachment or new writs of garnishment may...

§ 29-6-126. Summons on Original Attachment - In all suits commenced by original attachment in any court...

§ 29-6-127. Return of Ancillary Attachment - Attachments sued out in aid of a suit already brought...

§ 29-6-128. Amount of Property Attached - The writ of attachment should direct so much of the...

§ 29-6-129. Territorial Application of Process - The process of attachment issues against the property of the...

§ 29-6-130. Counterpart Writs - The officer granting the attachment may direct, upon proper application,...

§ 29-6-131. Execution by Constables - Code 1858, § 3496 (deriv. Acts 1799, ch. 25, §...

§ 29-6-132. Property Subject to Levy - Attachments may be levied upon any real or personal property...

§ 29-6-133. Personal Property Preferred - The officer to whom the writ is delivered shall attach...

§ 29-6-134. Excessive Levy - If the officer make an excessive levy, the officer shall...

§ 29-6-135. Transfer After Attachment - Any transfer, sale, or assignment, made after the filing of...

§ 29-6-136. Actions After Attachment of Debt or Effects - If, after the service upon any person of a copy...

§ 29-6-137. Postponement of Judgment if Debt Attached Before Due - If debts or choses in action not due are levied...

§ 29-6-138. Collection of Choses by Officer - In all cases where choses in action are attached, the...

§ 29-6-139. Money Received on Attachment - Money attached by the officer, or coming to the officer's...

§ 29-6-140. Appointment of Receiver - The court before whom the suit is pending, may, at...

§ 29-6-141. Perishable Property - Code 1858, §§ 3504, 3505 (deriv. Acts 1835-1836, ch. 43,...

§ 29-6-142. Order of Publication - Code 1858, §§ 3518, 3519 (deriv. Acts 1841-1842, ch. 54,...

§ 29-6-143. Entry of Publication Order in Record - Code 1858, § 3520 (deriv. Acts 1845-1846, ch. 108, §...

§ 29-6-144. Publication of Notice of Levy - Code 1858, §§ 3521, 3523 (deriv. Acts 1835-1836, ch. 43,...

§ 29-6-145. Contents of Notice - This memorandum or notice shall contain the names of the...

§ 29-6-147. Attachment in Lieu of Personal Service - The attachment and publication are in lieu of personal service...

§ 29-6-148. Appearance of Defendant - Code 1858, § 3526; Shan., § 5286; Code 1932, §...

§ 29-6-149. Right to Replevy — Amount of Bond - The defendant in an attachment suit may replevy the real...

§ 29-6-150. Replevy Before Return or Sale - The officer levying the attachment shall take the bond, if...

§ 29-6-151. Replevy After Return - After the return of the attachment, and at any time...

§ 29-6-152. Defective Replevy Bonds - Replevy bonds are subject to the rules prescribed in §§...

§ 29-6-153. Filing of Replevy Bond - The bond, if given to the officer levying the attachment,...

§ 29-6-154. Judgment Against Defendant and Sureties - The court may enter up judgment or decree upon the...

§ 29-6-155. Judgment on Replevy Bond - If the property attached has been replevied by the defendant,...

§ 29-6-156. Loss of Replevied Property - The death or destruction of the property, without any fault...

§ 29-6-157. Application of Property to Judgment - The property attached, if not replevied, with its proceeds or...

§ 29-6-158. Land Subjected to Judgment of General Sessions Court - In all attachment cases returnable before a judge of the...

§ 29-6-159. Execution for Unsatisfied Balance - When the property attached is not sufficient to satisfy the...

§ 29-6-160. Stay of Judgment - Code 1858, §§ 3527, 3528 (deriv. Acts 1794, ch. 1,...

§ 29-6-161. Nonresident Setting Aside Default Judgment - In all cases of attachment sued out because the defendant...

§ 29-6-162. Action on Attachment Bond - Code 1858, §§ 3530, 3531; Shan., §§ 5290, 5291; Code...

§ 29-6-163. Persons Under Disability - Persons laboring under the disabilities of infancy, or unsoundness of...

§ 29-6-164. Death of Defendant - The death of the defendant proceeded against by attachment, without...

§ 29-6-165. Title Vested in Purchasers - The judgment or decree, if executed before it is set...

Chapter 7 - Attachment by Garnishment

§ 29-7-101. Assets Subject to Garnishment - Where property, choses in action, or effects of the debtor...

§ 29-7-102. Wages Earned and Payable Outside State - Wages earned out of this state and payable out of...

§ 29-7-103. Method of Effecting — Answer - Code 1858, § 3479 (deriv. Acts 1794, ch. 1, §...

§ 29-7-104. Notice to Retain Possession - The notice should also require the defendant not to pay...

§ 29-7-105. Liability on Instrument - The garnishee shall not be made liable upon a debt...

§ 29-7-106. Return of Notice - A copy of the notice served upon the garnishee should...

§ 29-7-107. Examination of Garnishee - The garnishee shall be examined as prescribed in § 26-2-204....

§ 29-7-108. Compensation of Garnishee - The garnishee is allowed the compensation and privileges of a...

§ 29-7-109. Motion to Garnish Other Debtors - If, upon the examination of any garnishee, it appears that...

§ 29-7-110. Exoneration by Payment or Delivery - Code 1858, § 3483; Shan., § 5243; Code 1932, §...

§ 29-7-111. Death of Garnishee - If the garnishee die after having been summoned in garnishment,...

§ 29-7-112. Judgment Against Garnishee - If it appears that the garnishee is indebted to the...

§ 29-7-113. Execution on Maturity of Debt - If the debt of the garnishee to the defendant is...

§ 29-7-114. Default by Garnishee — Conditional Judgment - If, when duly summoned, the garnishee fail to appear and...

§ 29-7-115. Notice of Conditional Judgment - Upon this conditional judgment, a scire facias shall issue to...

§ 29-7-116. Final Judgment - Upon the return of this scire facias duly served, or...

§ 29-7-117. Conclusiveness of Judgment - The judgment in the garnishment suit, condemning the property or...

§ 29-7-118. Stay of General Sessions Judge's Judgment - The garnishee against whom a judgment for money is rendered...

§ 29-7-119. Appeal - An appeal lies in all garnishment cases, at the instance...

Chapter 8 - Change of Name — Correction of Errors in Birth Certificates

§ 29-8-101. Jurisdiction — Persons Ineligible — Inmates - Code 1858, § 3636 (deriv. Acts 1827, ch. 16, §...

§ 29-8-102. Petition - The application to change the name or to correct an...

§ 29-8-103. Clerk's Fees - The clerk's fee for services in proceedings under this chapter...

§ 29-8-104. Judgment - The court may order the name to be changed or...

§ 29-8-105. Effect - Any person whose name is thus changed may thereafter be...

Chapter 9 - Contempt of Court

§ 29-9-101. Officers Authorized to Punish - Any officer authorized to punish for contempt is a court...

§ 29-9-102. Scope of Power - The power of the several courts to issue attachments, and...

§ 29-9-103. Punishment - Code 1858, § 4107; Shan., § 5919; Code 1932, §...

§ 29-9-104. Omission to Perform Act - Code 1858, § 4108; Shan., § 5920; Code 1932, §...

§ 29-9-105. Performance of Forbidden Act - If the contempt consists in the performance of a forbidden...

§ 29-9-106. Bail - Code 1858, §§ 4110, 4111 (deriv. Acts 1831, ch. 19,...

§ 29-9-107. Profanity in Court of Record - Any person who profanely swears or curses in the presence...

Chapter 10 - Patent Infringement Actions

§ 29-10-101. Chapter Definitions - In this chapter:

§ 29-10-104. Civil Action — Available Remedies and Damages - An intended recipient alleging a violation of this chapter may...

Chapter 11 - Contribution Among Tort-Feasors

§ 29-11-101. Short Title - This chapter may be cited as the “Uniform Contribution Among...

§ 29-11-103. Determination of Proportionate Share of Shared Liability - In determining the proportionate share of the shared liability between...

§ 29-11-106. Construction of Chapter - This chapter shall be so interpreted and construed as to...

Chapter 12 - Creditors' Bills

§ 29-12-101. Fraudulent Conveyances and Other Devices - Any creditor, without first having obtained a judgment at law,...

§ 29-12-102. Attachment and Injunction - Upon filing the bill, writs of attachment and injunction may...

§ 29-12-103. Intervention by Other Creditors - If the bill is filed by one (1) creditor for...

§ 29-12-104. Powers of Court - The court has the same power and jurisdiction in all...

§ 29-12-105. Judgment Without Fraud - In case the complainant fails to establish the fraud, the...

§ 29-12-106. Limitation of Actions - In no case shall the limitation of actions be held...

§ 29-12-107. Corporate Property - The creditors of a corporation may also, without first having...

§ 29-12-108. Receiver for Corporate Property - In such cases the court may appoint a receiver, take...

§ 29-12-109. Bill Where Legal Remedies Insufficient - In all cases where personal service of process cannot be...

Chapter 13 - Criminal Injuries Compensation

Part 1 - General Provisions

§ 29-13-101. Short Title - This chapter and § 40-24-107 shall be known and may...

§ 29-13-102. Chapter Definitions - As used in this chapter and § 40-24-107, unless the...

§ 29-13-104. Offenses to Which Compensation Applies - Payment of compensation shall be made to the claimant in...

§ 29-13-107. Standards for Determining Amount of Compensation — Uniform Application of Chapter - For purposes of determining the amount of compensation to be...

§ 29-13-108. Claims for Compensation — Procedure - may all constitute good cause.

§ 29-13-114. Emergency Award - the claims commission may make an emergency award to the...

§ 29-13-115. Penalty - Any person who asserts a false claim under this chapter,...

§ 29-13-117. Statistical Reports - The state treasurer shall include in the annual report of...

Part 3 - Trust Fund for Awards to Minors

§ 29-13-301. Part Definitions - As used in this part, unless the context otherwise requires:

§ 29-13-302. Establishment of Trust - The commission or the division may, in such manner as...

§ 29-13-303. Basis for Encroachment of Funds - Encroachment on the funds shall be allowed for any injury...

§ 29-13-305. Forms - The clerk's office shall provide forms which may be necessary...

§ 29-13-306. Clerk's Fee - To defray the expenses of administering a criminal injury compensation...

§ 29-13-308. Termination of Trust - Upon attaining eighteen (18) years of age, the minor may...

§ 29-13-309. Denial of Petition to Establish Trust — Transfer of Fund to Juvenile Court - The juvenile court may deny a petition to establish a...

Part 4 - Victims' Compensation From the Proceeds of Crime

§ 29-13-401. Short Title - This part shall be known and may be cited as...

§ 29-13-402. Part Definitions - As used in this part, unless the context otherwise requires:

§ 29-13-404. Limitations Period - Notwithstanding any inconsistent law with respect to survival of civil...

§ 29-13-405. Notice to Victims - After establishing an escrow account, the attorney general and reporter...

§ 29-13-408. Use of Funds for Legal Representation - Upon a showing by the defendant to the attorney general...

§ 29-13-409. Failure by Defendant to Establish Claim for Return of Funds - Upon a showing by the defendant that three (3) years...

§ 29-13-410. Violation of Part — Penalty - An entity violating this part commits a Class A misdemeanor....

§ 29-13-411. Acts in Derogation of Part - Any action taken by the defendant, whether by way of...

Chapter 14 - Declaratory Judgments

§ 29-14-101. Definition of Person - Person,” wherever used in this chapter, is construed to mean...

§ 29-14-103. Construction of Statutes and Written Instruments - Any person interested under a deed, will, written contract, or...

§ 29-14-104. Construction of Contract Before or After Breach - A contract may be construed either before or after there...

§ 29-14-105. Fiduciary Powers and Duties - Any person interested as or through an executor, administrator, trustee,...

§ 29-14-106. Enumeration of Powers Not a Restriction - The enumeration in §§ 29-14-103 — 29-14-105 does not limit...

§ 29-14-108. Issues of Fact - When a proceeding under this chapter involves the determination of...

§ 29-14-109. Refusal to Render Judgment - The court may refuse to render or enter a declaratory...

§ 29-14-111. Costs - In any proceeding under this chapter, the court may make...

§ 29-14-112. Review - All orders, judgments, and decrees under this chapter may be...

§ 29-14-113. Liberal Construction - This chapter is declared to be remedial; its purpose is...

Chapter 15 - Ejectment

§ 29-15-101. Alternative Actions - Where the action is to recover real property, ejectment, or...

§ 29-15-102. Right to Ejectment - Any person having a valid subsisting legal interest in real...

§ 29-15-103. Parties Defendant - Code 1858, §§ 3231, 3232 (deriv. Acts 1851-1852, ch. 152,...

§ 29-15-104. Contents of Declaration - It is sufficient for the plaintiff to allege in plaintiff's...

§ 29-15-105. Joinder of Counts and Parties - Code 1858, § 3236 (deriv. Acts 1825, ch. 63, §§...

§ 29-15-106. Death of Parties - Code 1858, §§ 3255-3258 (deriv. Acts 1819, ch. 16, §§...

§ 29-15-107. Facts to Be Proved - Code 1858, §§ 3242, 3243 (deriv. Acts 1851-1852, ch. 152,...

§ 29-15-108. Title Bonds as Evidence - On trials of actions of ejectment between vendor and vendee,...

§ 29-15-109. Parties Involved in Verdict - When there are more defendants than one (1), the jury...

§ 29-15-110. Land Described in Verdict - Code 1858, §§ 3245, 3247 (deriv. Acts 1851-1852, ch. 152,...

§ 29-15-111. Expiration of Plaintiff's Right - If the right of the plaintiff expire after the commencement...

§ 29-15-112. General Verdict for Plaintiff - A general verdict in favor of the plaintiff, without such...

§ 29-15-113. Judgment Conforming to Verdict or Declaration - The judgment for the plaintiff is that plaintiff recover the...

§ 29-15-114. Writ of Possession - The judgment is executed by a writ of possession, issued...

§ 29-15-121. Mesne Profits — Improvements - This chapter does not deprive the plaintiff of a right...

§ 29-15-122. Tenant's Liability for Rents - A tenant in possession in good faith, under a lease...

§ 29-15-123. Improvements Setoff - Persons holding possession in good faith, under color of title,...

§ 29-15-125. Rebuttable Presumption of Legal Title - In order to establish a rebuttable presumption of legal title...

Chapter 16 - Eminent Domain

Part 1 - General Provisions

§ 29-16-101. Power for Internal Improvements - Any person or corporation authorized by law to construct any...

§ 29-16-102. Incorporation of Chapter Into Other Laws - Code 1932, § 3133; T.C.A. (orig. ed.), § 23-1402.

§ 29-16-103. Property of Corporations - The operation of this chapter is extended so that the...

§ 29-16-104. Petition - The person seeking to appropriate such land shall file a...

§ 29-16-105. Notice of Petition - Code 1858, §§ 1327, 1328; Shan., §§ 1846, 1847; mod....

§ 29-16-106. Parties Defendant - All parties having any interest in any way in such...

§ 29-16-108. Constitution of Jury - The jury will consist of five (5) persons, unless the...

§ 29-16-109. Qualifications of Jurors - The jurors shall not be interested in the same or...

§ 29-16-110. Substitution of Jurors - If named by the court, and the persons named are...

§ 29-16-111. Notice of Inquest - The sheriff shall give the parties or their agents, if...

§ 29-16-112. Swearing of Jury - The jury, before proceeding to act, shall be sworn by...

§ 29-16-113. Investigation by Jury - Code 1858, § 1337; Acts 1885, ch. 135; Shan., §§...

§ 29-16-115. Return of Jury's Report - The report of the jury shall be reduced to writing,...

§ 29-16-116. Confirmation of Report - If no objection is made to the report, it is...

§ 29-16-117. Setting Aside Report - Either party may object to the report of the jury,...

§ 29-16-118. Appeal - Code 1858, § 1342; Shan., § 1861; Code 1932, §...

§ 29-16-119. Costs on Appeal - If the verdict of the jury, upon the trial, affirms...

§ 29-16-120. Operations Pending Appeal - The taking of an appeal does not suspend the operations...

§ 29-16-121. Preliminary Surveys - A person or company actually intending to make application for...

§ 29-16-122. Prerequisites to Occupation - No person or company shall, however, enter upon such land...

§ 29-16-123. Action Initiated by Owner - Code 1858, § 1347; Shan., § 1866; Code 1932, §...

§ 29-16-124. Limitation of Owners' Actions - All actions that could be brought under § 29-16-123(a), regardless...

Part 2 - Determination of Damages

§ 29-16-201. Determining Appraised Value of Property Damaged by Governmental Entity - Notwithstanding law to the contrary, in any case where a...

§ 29-16-202. Writ of Inquiry of Damages - Code 1858, §§ 1330, 1331; Shan., §§ 1849, 1850; Code...

§ 29-16-203. Elements of Damages - Code 1858, § 1338; Shan., § 1857; Code 1932, §...

Chapter 17 - Eminent Domain by Public Agencies

Part 1 - Power and Use of Eminent Domain — General Provisions

§ 29-17-101. Legislative Intent - It is the intent of the general assembly that the...

§ 29-17-102. Part Definitions - As used in this part, unless the context otherwise requires:

§ 29-17-103. Preemption - In event of a conflict between this part and any...

§ 29-17-105. Deposit by the Condemner - If, pursuant to an applicable statute or order of the...

Part 2 - Counties

§ 29-17-201. County Purposes - Counties are empowered to condemn and take the property, buildings,...

§ 29-17-202. County Bridges - All counties authorized to construct bridges are empowered to take...

§ 29-17-203. Taking Bridge Property Pending Litigation - Pending the assessment of damages or any litigation in regard...

Part 3 - Municipalities

§ 29-17-301. Powers of Municipalities - All municipal corporations are empowered to take and condemn lands,...

§ 29-17-302. Procedure by Municipalities - The compensation for damages in taking such lands, property, property...

Part 4 - University of Tennessee -

Part 5 - Housing Authorities

§ 29-17-502. Withdrawal of Petition - At any time prior to the vesting of title to...

Part 6 - Coast and Geodetic Surveys

§ 29-17-601. Coast and Geodetic Survey - Any person employed under an act of congress of the...

§ 29-17-602. Damages Payable by Geodetic Survey - If the person over whose lands the survey has been...

Part 7 - Action in Rem

§ 29-17-705. Trial by Jury - If no objection be made to the acquisition of the...

§ 29-17-708. Payment of Taxes - It is the duty of any trustee or other officer...

§ 29-17-709. Court Control of Proceedings - All questions of law arising upon the pleadings or in...

§ 29-17-713. Provisions Supplemental - This part shall not be construed as repealing any provisions...

Part 8 - Payments Into Court

§ 29-17-802. Certain Authorities Excepted - Section 29-17-801 shall apply only to condemnation proceedings instituted by...

Part 9 - Supplementary Method

§ 29-17-902. Deposit of Amount of Damages - When a governmental entity or a levee or drainage district...

§ 29-17-904. Acceptance by Property Owner of Amount Deposited - If the owner is satisfied with the amount deposited by...

§ 29-17-905. Trial When Property Owner Does Not Accept Deposit - If the owner is not satisfied with the amount assessed...

§ 29-17-906. Payment of Amount Deposited Pending Trial - If the owner asks for a trial as provided by...

§ 29-17-907. Default of Owner — Case Set for Hearing - If the owner does not appear and accept the amount...

§ 29-17-908. Issues Confined to Amount of Compensation — Determination of Rights and Interest of Adverse Claimants - The only issue or question that shall be tried upon...

§ 29-17-909. Proper Party Defendant Omitted — Amended Petition - If any person who is proper party defendant in the...

§ 29-17-910. Manner of Determining Damages to Which Owner Is Entitled - In all instances the amount to which an owner is...

§ 29-17-911. Removal or Destruction of a Building or Structure on Land - When any building or structure is situated wholly or in...

§ 29-17-914. Provisions Supplemental - This part is not intended to repeal any existing statute...

Part 10 - Miscellaneous Provisions

§ 29-17-1001. Continuance of Condemnation Trial - In any case in which the state of Tennessee, its...

§ 29-17-1002. Evidence - If the trial of any such condemnation case is commenced...

§ 29-17-1004. Appraisal Required in Any Condemnation Proceeding - Notwithstanding any law to the contrary, in any condemnation proceeding...

Chapter 18 - Forcible Entry and Detainer

§ 29-18-101. Unlawful Entry Prohibited - No person shall enter upon any lands, tenements, or other...

§ 29-18-102. Forcible Entry and Detainer Defined — Where Action Does Not Lie - Code 1858, § 3342 (deriv. Acts 1821, ch. 14, §...

§ 29-18-103. Forcible Detainer Defined - A forcible detainer is where a person enters lawfully or...

§ 29-18-104. Unlawful Detainer Defined - Unlawful detainer is where the defendant enters by contract, either...

§ 29-18-105. Scope of Definitions - Sections 29-18-101 — 29-18-104 extend to and comprehend terms for...

§ 29-18-106. Alternative Actions - Where the action is to recover real property, ejectment, or...

§ 29-18-107. Jurisdiction of General Sessions Judge - All cases of forcible entry and detainer, forcible detainer, and...

§ 29-18-108. Original Jurisdiction of Circuit Court - The action for the recovery of the possession of land,...

§ 29-18-109. Limitation of Actions - The uninterrupted occupation or quiet possession of the premises in...

§ 29-18-110. Death of Parties - Code 1858, §§ 3368, 3369 (deriv. Acts 1849-1850, ch. 113,...

§ 29-18-111. Plaintiff's Bond - The party complaining is required, before the issuance of the...

§ 29-18-112. Form of Warrant - The warrant may be issued by a single general sessions...

§ 29-18-113. Notice to Quit Not Required - No notice to quit need be given by the plaintiff...

§ 29-18-114. Defects in Proceedings - The warrant need not set forth the particular species of...

§ 29-18-116. Neglect to Execute Process - Any officer neglecting or refusing to execute any process, under...

§ 29-18-117. Time of Trial - The officer serving the warrant shall notify the defendant of...

§ 29-18-118. Postponement of Trial - The general sessions judge may, at the request of either...

§ 29-18-119. Manner of Trial — Title Not Inquired Into - Code 1858, §§ 3353, 3354; (deriv. Acts 1821, ch. 14,...

§ 29-18-120. Trial in Circuit Court - Code 1858, § 3367 (deriv. Acts 1841-1842, ch. 186, §§...

§ 29-18-121. Subpoenas - The general sessions judge before whom the complaint is made,...

§ 29-18-122. Fees - Code 1858, § 3365 (deriv. Acts 1849-1850, ch. 131, §...

§ 29-18-124. Form of Judgment for Plaintiff - The judgment for the plaintiff should be endorsed on the...

§ 29-18-125. Monetary Judgments for Plaintiff - In all cases of forcible entry and detainer, forcible detainer,...

§ 29-18-126. Delay Before Execution - No execution or writ of possession shall issue against the...

§ 29-18-127. Form of Execution and Writ — Disposition of Personal Property Following Defendant's Removal From Property - State of Tennessee, To the sheriff or any constable of...

§ 29-18-128. Appeal - An appeal will also lie in suits commenced before general...

§ 29-18-129. Certiorari and Supersedeas to Circuit Court - The proceedings in such actions may, within thirty (30) days...

§ 29-18-131. Monetary Judgment in Circuit Court - Code 1858, §§ 3363, 3364 (deriv. Acts 1841-1842, ch. 186,...

§ 29-18-132. [reserved.] - Code 1858, §§ 3370, 3371 (deriv. Acts 1825, ch. 63,...

§ 29-18-134. Trespass Action - The judgment in a case of forcible entry and detainer...

Chapter 19 - Gambling Contracts

§ 29-19-101. Void Contracts - All contracts founded, in whole or in part, on a...

§ 29-19-102. Action Barred - No money, or property of any kind, won by any...

§ 29-19-103. Qui Tam for Bringing Action - Any person who institutes an action for money or property,...

§ 29-19-104. Action for Property Lost - Any person who has paid any money, or delivered anything...

§ 29-19-105. Action for Use of Family - Any other person may, after the expiration of the ninety...

§ 29-19-106. Action by Creditor - After the expiration of the time prescribed in § 29-19-105,...

Chapter 20 - Governmental Tort Liability

Part 1 - General Provisions

§ 29-20-101. Title - This chapter shall be known and cited as the “Tennessee...

§ 29-20-102. Chapter Definitions - As used in this chapter, unless the context otherwise requires:...

§ 29-20-105. Inverse Condemnation Not Affected - This chapter shall not apply to any action in eminent...

§ 29-20-106. Workers' Compensation Not Affected - This chapter shall not apply to any action brought by...

§ 29-20-109. Immunity of Local Education Agency Employees From Asbestos-Related Liability - Local education agency employees, including board members, superintendents, teachers and...

§ 29-20-111. No Employee Liability for Attempts to Maintain Order in Judicial Proceedings - Notwithstanding any provision of this chapter or any other law...

Part 2 - Removal of Immunity

§ 29-20-205. Removal of Immunity for Injury Caused by Negligent Act or Omission of Employees — Exceptions — Immunity for Year 2000 Computer Calculation Errors - Immunity from suit of all governmental entities is removed for...

§ 29-20-206. Construction of Chapter as to Liability — Effect of Removal of Immunity - Nothing contained in this chapter, unless specifically provided, shall be...

§ 29-20-207. Liability for Injury Arising Out of the Provision of Emergency Services - Except as may otherwise be provided in the agreement, when...

§ 29-20-208. Governmental Immunity Waived for Claims Against Any Governmental Entity Under Uniformed Services Employment and Reemployment Rights Act of 1994 (Userra) - Immunity from suit of any governmental entity, or any agency,...

§ 29-20-209. Removal of Immunity From Suit by Party Adversely Affected by Local Regulation of Firearms - Immunity from suit of all governmental entities is removed for...

Part 3 - Claims Procedure

§ 29-20-306. Bond for Costs or Pauper's Oath - At the time of filing the action the plaintiff shall...

§ 29-20-307. Exclusive Jurisdiction — No Jury - The circuit courts shall have exclusive original jurisdiction over any...

§ 29-20-310. Determinations to Be Made by Court — Restrictions on Claims Against Employees — Health Care Liability — Immunity Indemnification and Insurability of Local Government Employees - [Subsection (f) repealed effective July 1, 2022. See Compiler's Note.]

§ 29-20-311. Judgment Over Limits of Insurance Policy Prohibited - No judgment or award rendered against a governmental entity may...

Part 4 - Funding and Insurance

§ 29-20-401. Creation of Reserve or Special Fund — Pooling Agreements With Other Governmental Entities — Election to Self-Insurer - Any information obtained by or disclosed to the commissioner of...

§ 29-20-402. Authority to Levy Tax - Notwithstanding law or charter to the contrary, all governmental entities...

§ 29-20-405. Construction of Liability Insurance Policy Not in Compliance With Law - Any insurance policy, rider or endorsement purchased to insure against...

§ 29-20-407. Authorization for Purchase of Insurance Without Bidding - Any governmental entity may purchase any of the insurance authorized...

Chapter 21 - Habeas Corpus

§ 29-21-101. Grounds for Writ - Code 1858, § 3720; Shan., § 5500; Code 1932, §...

§ 29-21-102. Federal Prisoners - Persons committed or detained by virtue of process issued by...

§ 29-21-103. Judges Authorized to Grant Writ - The writ may be granted by any judge of the...

§ 29-21-104. Issuance of Writ Without Application - Whenever any court or judge, authorized to grant this writ,...

§ 29-21-105. Place of Application for Writ - The application should be made to the court or judge...

§ 29-21-107. Petition — Affidavit - Code 1858, §§ 3722, 3725; Shan., §§ 5502, 5505; Code...

§ 29-21-108. Duty of Court — Wrongful Failure to Grant Writ - Code 1858, § 3729; Shan., § 5509; Code 1932, §...

§ 29-21-109. Refusal of Writ - If, from the showing of the petitioner, the plaintiff would...

§ 29-21-110. Issuance of Writ — Form — Formal Defects - State of Tennessee, To the sheriff, etc. [or to A...

§ 29-21-111. Person by Whom Writ Served - Code 1858, § 3731; Shan., § 5511; Code 1932, §...

§ 29-21-112. Mode of Service — Persons Served - Code 1858, §§ 3732, 3733, 3742; Shan., §§ 5512, 5513,...

§ 29-21-113. Arrest of Defendant - If the defendant refuses admittance to the person attempting to...

§ 29-21-114. Taking Plaintiff Into Custody - If the person in whose name the application is made...

§ 29-21-115. Precept - Code 1858, §§ 3737 — 3740; Shan., §§ 5517 —...

§ 29-21-116. Defendant's Appearance and Return — Answer - Code 1858, §§ 3743 — 3745; Shan., §§ 5523 —...

§ 29-21-117. Production of Plaintiff by Defendant - Code 1858, §§ 3746-3748; Shan., §§ 5526-5528; Code 1932, §§...

§ 29-21-118. Waiver of Plaintiff's Right to Be Present - The plaintiff, in writing, or the plaintiff's attorney, may waive...

§ 29-21-119. Proceedings After Defendant's Return - The plaintiff may demur or reply to the return, and...

§ 29-21-120. Adjustment of Bail - The plaintiff may also, in any case, be committed, let...

§ 29-21-121. Subpoena of Witnesses - Code 1858, §§ 3756-3758 (deriv. Acts 1823, ch. 15, §§...

§ 29-21-122. Discharge of Plaintiff or Remand to Custody - Code 1858, §§ 3751, 3761; Shan., §§ 5531, 5541; Code...

§ 29-21-123. Effect of Irregular Commitment - Although the commitment of the person detained may have been...

§ 29-21-124. Filing of Records — Costs - The proceedings under a writ of habeas corpus, including all...

§ 29-21-125. Costs — General Rule - The costs of proceedings under this chapter, except when otherwise...

§ 29-21-126. Costs on Discharge of Criminal Defendant - Code 1858, §§ 3763-3765 (deriv. Acts 1853-1854, ch. 40, §§...

§ 29-21-128. Disobedience of Writ or Order - Disobedience of the original writ, or any subsequent order thereon,...

§ 29-21-129. Evasion of Service - The attempt to elude the service of the writ of...

§ 29-21-130. Refusal of Officer to Deliver Copy of Process - Any officer refusing to deliver a copy of any legal...

Chapter 22 - Hospitals' Liens

§ 29-22-106. Lienholder Not to Be Named on Checks or Drafts - No person, firm, or corporation, paying a claim, demand, or...

§ 29-22-107. Limitations on Hospital - This chapter shall not be construed as giving any hospital...

Chapter 23 - Injunctions

Part 1 - Injunction to Stay Proceedings on Money Judgment

§ 29-23-101. Decree on Dissolution of Injunction to Stay Proceedings on Money Judgment - Upon the dissolution of an injunction to stay proceedings on...

§ 29-23-102. [reserved.] - Where an injunction to stay proceedings on a judgment is...

§ 29-23-104. Assessment of Penalty for Injurious Injunction - Code 1932, § 10555; T.C.A. (orig. ed.), § 23-1913.

§ 29-23-105. Delivery of Attached Property — Payment of Penalty - The court has power, upon final decree, to order the...

Part 2 - Injunction Against Sale Under Trust Deed or Mortgage

§ 29-23-202. Contents of Application for Injunction - The party applying for relief in such case shall distinctly...

§ 29-23-203. Answer — Delay in Hearing on Injunction - After the reading of the bill in the hearing of...

§ 29-23-204. Decree - The judge or chancellor may then, upon such bill and...

Chapter 24 - Libel and Slander

§ 29-24-101. Charge of Adultery or Fornication - Any words written, spoken, or printed of a person, wrongfully...

§ 29-24-102. Costs on Nominal Recovery - Where the verdict in slander is under five dollars ($5.00),...

Chapter 25 - Mandamus

§ 29-25-101. Power to Issue Writ - Circuit judges and chancellors have power to issue writs of...

§ 29-25-102. Alternative and Peremptory Writs - Code 1858, § 3569; Shan., § 5333; Code 1932, §...

§ 29-25-103. Court to Which Writ Returnable - The writ is returnable to the court of the county...

§ 29-25-104. Notice to and Intervention by Third Person - The defendant in the writ shall notify any third person...

§ 29-25-105. Failure of Third Person to Appear - If such third person is a nonresident or unknown, publication...

§ 29-25-106. Filing of Answer - On the return day of the alternative writ, or on...

§ 29-25-107. Issues of Fact - If the answer deny any material facts stated in the...

§ 29-25-108. Judgment - Code 1858, § 3574 (deriv. Acts 1831, ch. 51, §...

§ 29-25-109. Costs - The costs and fees in mandamus cases are the same...

Chapter 26 - Health Care Liability

Part 1 - General Provisions

§ 29-26-117. Plaintiff's Demand for Specific Sum Inadmissible During Trial - In a health care liability action the pleading filed by...

§ 29-26-118. Proving Inadequacy of Consent - In a health care liability action, the plaintiff shall prove...

§ 29-26-119. Damages - In a health care liability action in which liability is...

§ 29-26-120. Attorneys' Fees - Compensation for reasonable attorneys' fees in the event an employment...

Part 2 - Therapist Sexual Misconduct Victims Compensation

§ 29-26-201. Short Title - The title of this part is, and may be cited...

§ 29-26-202. Intent - It is the intention of the general assembly to provide...

§ 29-26-203. Part Definitions - As used in this part, unless the context otherwise requires:

§ 29-26-204. Elements - A cause of action for sexual misconduct exists for a...

§ 29-26-205. Exceptions - A therapist does not violate § 29-26-204 if the patient...

§ 29-26-207. Evidence of Sexual Conduct - In an action for sexual misconduct, the victim's sexual history...

§ 29-26-209. Damages - The claimant may recover for damages caused by the sexual...

§ 29-26-210. Construction - This part is declared to be remedial in nature and...

Chapter 27 - Partition

Part 1 - Partition Generally

§ 29-27-101. Persons Entitled - Any person having an estate of inheritance, or for life,...

§ 29-27-102. Effect of Encumbrance - The fact that the premises are subject to an encumbrance...

§ 29-27-103. Infancy of Owners — Distinctness of Interests - Nor will the fact that some of the joint owners...

§ 29-27-104. Partial Partition — Interest of Minors - In these cases the partition shall be made according to...

§ 29-27-105. Partition of Personalty — Possession Pending Proceeding - Code 1932, §§ 9225, 9226; T.C.A. (orig. ed.), § 23-2105.

§ 29-27-106. Jurisdiction of Courts - Code 1858, §§ 3266, 3267 (deriv. Acts 1835-1836, ch. 20,...

§ 29-27-107. Venue of Actions - The petition may be filed in the court of the...

§ 29-27-108. Contents of Petition - The bill or petition shall set forth, as far as...

§ 29-27-109. Parties - Every person having such interest, whether in possession or otherwise,...

§ 29-27-110. Uncertainty of Interests - In case any one (1) or more of such parties,...

§ 29-27-111. Notice of Petition - Code 1858, §§ 3273, 3275 (deriv. Acts 1799, ch. 11,...

§ 29-27-112. Commencement of Action by Summons - The action may, however, be commenced by filing the petition...

§ 29-27-113. Decree — Reservation of Unknown Interests - Code 1858, §§ 3277, 3278; Shan., §§ 5025, 5026; Code...

§ 29-27-114. Appointment of Commissioners - Code 1858, §§ 3279, 3287 (deriv. Acts 1787, ch. 17,...

§ 29-27-115. Oath of Commissioners - The commissioners, before proceeding to the execution of their duty,...

§ 29-27-116. Mode of Partition - In making partition, the commissioners shall divide the premises and...

§ 29-27-117. Unequal Partition — Equalizing Charges - If the commissioners are satisfied that exact partition cannot be...

§ 29-27-118. Report of Commissioners - The commissioners shall make a report in writing, signed by...

§ 29-27-119. Confirmation of Report — Decree - Upon the coming in of the report, unless set aside...

§ 29-27-120. Commissioners' Expenses - The expenses of the commissioners, including the expenses of a...

§ 29-27-121. Attorneys' Fees - The court may, in its discretion, order the fees of...

§ 29-27-122. Persons Bound by Decree - The partition thus made is conclusive: Code 1858, § 3291...

§ 29-27-123. Persons Not Bound by Decree - Such judgment and partition will not affect any tenants or...

Part 2 - Sale for Division

§ 29-27-201. Sale for Division Authorized - Any person entitled to a partition of premises, under part...

§ 29-27-202. Application for Sale - The application for a sale of the premises is made...

§ 29-27-203. Alternative Application - The application may be in the alternative for partition, if...

§ 29-27-204. Amendment to Pray Sale - The petition or bill may also be amended at any...

§ 29-27-205. Answer Asking Sale - Even if application is for partition only, the court may,...

§ 29-27-206. Commissioners Recommending Sale - If the commissioners appointed to make partition report that the...

§ 29-27-207. Decree for Sale of Estate Situated in Several Counties - When the estate to be divided is situated in several...

§ 29-27-208. Sale of Life Estate - Code 1858, §§ 3305-3308 (deriv. Acts 1855-1856, ch. 164, §...

§ 29-27-209. Ascertainment of Encumbrances — Payment - Code 1858, §§ 3309-3311; Shan., §§ 5058-5060; Code 1932, §§...

§ 29-27-210. Interpleader of Encumbrancer - If the party dispute the validity of the supposed encumbrance,...

§ 29-27-211. Unencumbered Shares Unaffected - The proceedings to ascertain and settle the amount of encumbrances,...

§ 29-27-212. Sale Subject to Encumbrance - Sales made without reference to the encumbrances are subject thereto,...

§ 29-27-213. Purchaser's Rights Under Undisclosed Encumbrance - Nothing herein contained shall be held to deprive a purchaser...

§ 29-27-214. Terms of Sale - The court may direct the sale to be made for...

§ 29-27-215. Security for Purchase Money - Code 1858, §§ 3301, 3304; Shan., §§ 5050, 5053; Code...

§ 29-27-216. Vesting of Title in Purchaser - The court, upon confirmation of the sale, divests title and...

§ 29-27-217. Decree - The rights of the parties shall be settled by the...

§ 29-27-218. Disposition of Proceeds of Sale - Code 1858, §§ 3316-3318, 3321 (deriv. Acts 1827, ch. 54,...

§ 29-27-219. Bond to Refund Proceeds of Sale - The court may, whenever the nature of the case demands,...

Chapter 28 - Products Liability Actions

§ 29-28-101. Short Title - This chapter shall be known and may be cited as...

§ 29-28-102. Chapter Definitions - As used in this chapter unless the context otherwise requires:

§ 29-28-106. Seller's Liability - No product liability action, as defined in § 29-28-102, shall...

§ 29-28-107. Complaint — Statement of Damages - Any complaint filed in a products liability action shall state...

§ 29-28-108. Product Altered or Abnormally Used - If a product is not unreasonably dangerous at the time...

Chapter 29 - Quieting Title

§ 29-29-101. Persons Not in Being Made Defendants - In any suit in equity brought in any court under...

§ 29-29-102. Constructive Service on Persons Not in Being - If in such suit it shall appear that there is...

§ 29-29-103. Guardian Ad Litem or Next Friend - If, after notice has been given as provided in §...

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2021 Tennessee Code Title 29 - Remedies and Special Proceedings

2021 Tennessee Code
Title 29 - Remedies and Special Proceedings