US Lawyer Database

§ 20-12-138. Notice of Motion Against Successful Party

In all civil cases, when motions are made against the successful party for costs accrued at the successful party’s instance, and that cannot be collected from the other party, five (5) days’ written notice of the time and place, and the court before which the motion is to be made, shall be given to the […]

§ 20-12-139. Bill of Costs on Appeal

In case of appeals from the circuit or chancery court, the clerk shall make out a complete bill of costs, which shall accompany the record, and a copy of the bill of costs shall be placed upon the execution docket of the court below. Code 1858, § 3216; Shan., § 4958; Code 1932, § 9111; […]

§ 20-12-140. Payments From Appellate to Trial Court

When the costs accrued in the appellate court, and in the court below, are paid to the clerk of the appellate court, the clerk of the appellate court shall pay so much of them as accrued in the court below to the clerk of the court and take a receipt for the payment. Code 1858, […]

§ 20-12-141. Payments by Clerk of Trial Court

On receiving the costs as described in § 20-12-140, the clerk of the court below shall charge the clerk’s office with the money, upon the clerk’s execution docket, and pay it to the persons entitled to it. Code 1858, § 3218; Shan., § 4960; Code 1932, § 9113; T.C.A. (orig. ed.), § 20-1643.

§ 20-12-142. Construction as Remedial

The law of costs shall be construed remedially and not as the penal law. Code 1858, § 3219 (deriv. Acts 1801, ch. 6, § 65); Shan., § 4961; Code 1932, § 9114; T.C.A. (orig. ed.), § 20-1644.

§ 20-12-143. General Sessions Courts — Collection of Costs

It is the duty of the clerk of the court of general sessions, not less than thirty (30) days after the judgments of the court of general sessions have become final, to issue an execution against the party against whom the costs have been adjudged. Likewise, in case of inability to collect the costs from […]

§ 20-12-128. Guardian’s or Conservator’s Oath — Protection From Liability

The next friend or any person who has been appointed by any court guardian, guardian ad litem or conservator of any person adjudicated incompetent or infant, may commence and prosecute an action, suit or cross suit or appeal without giving bond or security for costs, by taking and subscribing an oath that the next friend, […]

§ 20-12-129. Next Friend’s Oath

A person acting as the next friend of an infant may on like terms prosecute a suit or appeal for the infant in forma pauperis, upon taking and subscribing an oath that the infant, in whose behalf the action or suit is begun, is not able, and has not sufficient property, to bear the expenses […]

§ 20-12-130. Personal Representative’s Oath — Protection From Liability

Any personal representative of the estate of any deceased person in this state may commence and prosecute any action or suit, or appeal, in favor of the estate represented by the personal representative, in any court without giving bond and security for costs, by taking and subscribing an oath that the personal representative, as such […]

§ 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, the clerks and other officers of court shall perform all the usual duties required in the progress of an action or suit, and the witnesses shall attend, as in other cases, unless their depositions are taken under the provisions of this code. Code 1858, § […]