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Home » US Law » 2021 Tennessee Code » Title 16 - Courts » Chapter 16 - County Courts » Part 1 - General Provisions [Repealed in Certain Counties]

§ 16-16-101. Establishment

A court is established in each county for the dispatch of probate and other business entrusted to it, to be called the county court. Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of: not less than  not more than 12,800 12,900 27,100 […]

§ 16-16-102. Special Laws Continued

All the existing laws defining the local limits of the jurisdiction of the county courts, and fixing the times and places for holding the county courts, are continued in full force and effect, unless inconsistent with some positive provision of this code. Subsection (a) shall only apply in counties having a population, according to the […]

§ 16-16-103. Attendance at Court

The judge shall attend at the courthouse of the county in which the judge serves on the first Monday of every month; and shall, on first Mondays and subsequent days as may be necessary, attend to all matters and adjudicate and determine all questions and do all other acts and things required. Subsection (a) shall […]

§ 16-16-104. Terms of Court

The county court to be held by the county judge shall have its regular sessions on the first Monday of each month; and the court shall sit from day to day, so long as the business of the court may require. Subsection (a) shall only apply in counties having a population, according to the 2000 […]

§ 16-16-105. Court Always Open

The county court to be held by the county judge shall be deemed always open for the transaction of any business and the exercise of any jurisdiction conferred upon the county judge or upon the court held by the county judge. Subsection (a) shall only apply in counties having a population, according to the 2000 […]

§ 16-16-106. Practice of Law by Judge

The county judge is not precluded from practicing in the supreme, chancery, circuit, and criminal courts of this state, but shall not act as counsel in any case going up from the judge’s court. Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, […]

§ 16-16-107. Original Jurisdiction

The county court has original jurisdiction in the following cases: The probate of wills; The granting of letters testamentary and of administration, and the repeal and revocation of letters testamentary and of administration; All controversies in relation to the right of executorship or of administration; The settlement of accounts of executors and administrators; The partition […]

§ 16-16-108. Distribution, Partition, and Sale of Realty

The county court shall have concurrent jurisdiction with the chancery and circuit courts to sell real estate of decedents and for distribution or partition. The mode of procedure in those cases in the county courts shall conform in every respect to the rules and regulations laid down for the conduct of similar causes in the […]

§ 16-16-109. Powers Necessary to Jurisdiction

The county court is expressly vested, over all subjects enumerated in §§ 16-16-107 and 16-16-108, with all the power and authority necessary and proper to the exercise of the jurisdiction conferred. Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of: not less […]

§ 16-16-110. Powers in Sale of Property

The court may, pursuant to § 16-16-109, appoint commissioners to make sale of real or personal property, taking bond and security for the faithful performance of duty, when deemed necessary; may revise, set aside, or confirm the proceedings of the commissioners, as such other courts; render judgments or decrees upon notes and obligations taken in […]

§ 16-16-111. Powers After Confirmation of Sale

When land is sold by any order or decree of the county court, and the sale reported by the clerk and confirmed by the court, the county court shall have the same power and jurisdiction over the cause against the purchaser as the chancery court has by law, notwithstanding the sale has been reported and […]

§ 16-16-112. Enforcement of Small Liens

Jurisdiction is conferred upon the county court to enforce vendors’ liens and foreclose mortgages upon all sums under fifty dollars ($50.00), and also to enforce all liens on all sums under fifty dollars ($50.00) in such cases as the chancery court alone would have jurisdiction if the amount were more than fifty dollars ($50.00). The […]

§ 16-16-113. Writs of Possession

The county court shall have the same power to issue writs of possession to put the purchaser in possession in all cases that the chancery court has and shall be governed by the same rules. Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal […]

§ 16-16-114. Bastardy

The court has also original jurisdiction over bastardy and bastards, and general supervision of bastards. Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of: not less than  not more than 12,800 12,900 27,100 27,200 43,100 43,200 62,300 62,400 182,000 182,100 In counties […]

§ 16-16-115. Powers to Exercise Concurrent Jurisdiction

The county court is, in cases of concurrent jurisdiction, vested with all the incidental powers belonging to or conferred by law upon the court with which its jurisdiction is concurrent, for the purpose of exercising and effectuating such jurisdiction. Subsection (a) shall only apply in counties having a population, according to the 2000 federal census […]

§ 16-16-116. Clerk

The county clerk shall be the clerk of the court held by the county judge. Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of: not less than  not more than 12,800 12,900 27,100 27,200 43,100 43,200 62,300 62,400 182,000 182,100 In counties […]

§ 16-16-117. Procedure in Exercising Concurrent Jurisdiction

The mode of procedure in the county court, where the jurisdiction is concurrent either with the circuit or chancery court, shall be as near as may be, according to the rules laid down for the conduct of similar business in those courts. Subsection (a) shall only apply in counties having a population, according to the […]

§ 16-16-118. Return of Process

Unless otherwise ordered by the court, all process shall be returnable to the first Monday coming five (5) days after the service of such process. Subsection (a) shall only apply in counties having a population, according to the 2000 federal census or any subsequent federal census, of: not less than  not more than 12,800 12,900 […]

§ 16-16-120. Information to Be Collected and Reported to the Federal Bureau of Investigation-Nics Index and the Department of Safety by Those County and Probate Courts in Which Commitments to a Mental Institution Are Ordered

As used in this section: “Adjudication as a mental defective or adjudicated as a mental defective” means: A determination by a court in this state that a person, as a result of marked subnormal intelligence, mental illness, incompetency, condition or disease: Is a danger to such person or to others; or Lacks the ability to […]