US Lawyer Database

§ 20-12-127. Pauper’s Oath

Any civil action may be commenced by a resident of this state without giving security as required by law for costs and without the payment of litigation taxes due by: Filing the following oath of poverty: I,  , do solemnly swear under penalties of perjury, that owing to my poverty, I am not able to […]

§ 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, § […]

§ 20-12-116. Usury

If it appears in the action that usurious interest has been intentionally taken or reserved, the person taking or reserving such usury shall pay full costs. Code 1858, § 3205; Shan., § 4947; Code 1932, § 9100; T.C.A. (orig. ed.), § 20-1618.

§ 20-12-117. Taxation Between Defendants

The defendants against whom judgment has been recovered are entitled, as between themselves, to a taxation of the costs of witnesses whose testimony was obtained at the instance of one (1) of the defendants and inured exclusively to the defendant’s benefit. Code 1858, § 3210 (deriv. Acts 1851-1852, ch. 178, § 2); Shan., § 4952; […]

§ 20-12-118. Cases Not Expressly Covered

If any case occurs not directly or by fair implication embraced in the express provisions of the law, the court may make such disposition of the costs as, in its sound discretion, may seem right. Code 1858, § 3220; Shan., § 4962; Code 1932, § 9115; T.C.A. (orig. ed.), § 20-1620.

§ 20-12-119. Discretion of Judge

In all civil cases, whether tried by a jury or before the court without a jury, the presiding judge shall have a right to adjudge the cost. In doing so, the presiding judge shall be authorized, in the presiding judge’s discretion, to apportion the cost between the litigants, as in the presiding judge’s opinion the […]