US Lawyer Database

§ 18-1-110. Practice of Law — Security on Bonds

No clerk of any court can practice law in any of the courts of this state, except as provided in § 23-3-102; neither can the clerk become security for the prosecution of suits in the clerk’s court, nor upon any bonds or other obligations required to be executed by the parties in the progress of […]

§ 18-1-113. Delivery of Records to Successor

Upon the suspension or removal from office of any clerk, the clerk shall, on demand of the clerk’s successor or order of the court, deliver over to the successor the books, papers and other articles belonging to the office, such delivery to be enforced as provided in title 8, chapter 49. Code 1858, § 4060 […]

§ 18-1-109. Acting as Masters in Chancery

The clerks of the several courts, in all equity causes in their courts, are vested with the powers of clerks and masters of the chancery court. Code 1858, § 4051 (deriv. Acts 1855-1856, ch. 101); Shan., § 5866; Code 1932, § 10068; T.C.A. (orig. ed.), § 18-109.

§ 18-1-101. Selection and General Functions

Each of the courts has a clerk, elected or appointed for a term of years, whose duty it is to attend the court and perform all the clerical functions of the court. Code 1858, § 320 (deriv. Acts 1794, ch. 1, § 2); Shan., § 396; Code 1932, § 646; T.C.A. (orig. ed.), § 18-101.

§ 18-1-102. Residence and Office

The clerk of each of the courts shall reside in the county in which the court is held, shall keep an office at the county seat of that county, and give due attendance at the office for the performance of official duties. Code 1858, § 4038 (deriv. Acts 1805, ch. 1; 1832, ch. 7, § […]

§ 18-1-103. Oath of Office

Each clerk of a court must also, before entering on the duties of the office, take an oath to support the constitutions of the United States and of this state, and to execute the duties of the office without prejudice, partiality or favor, to the best of the clerk’s skill and ability; also, that the […]

§ 18-1-104. Deputy’s Oath

Each deputy clerk shall take the oath appointed for the qualification of public officers, and an oath faithfully to discharge the duties of the office to the best of the deputy clerk’s skill and ability. Code 1858, § 333 (deriv. Acts 1794, ch. 1, § 72); Shan., § 409; Code 1932, § 659; T.C.A. (orig. […]

§ 18-1-105. Duties

It is the duty of the clerk of each of the courts to: Sign all summons, writs, subpoenas, executions and process issued from the clerk’s court, and endorse on the back thereof the date of issuance; Keep the several dockets required by law in the respective courts, and keep a rule docket, in which shall […]