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§ 16-1-101. Vesting of Judicial Power

The judicial power of the state is vested in judges of the courts of general sessions, recorders of certain towns and cities, circuit courts, criminal courts, common law and chancery courts, chancery courts, courts of appeals, and the supreme court, and other courts created by law. Code 1858, §§ 4094, 4095 (deriv. Const. 1834, art. […]

§ 16-1-102. Powers of Court

Every court has the power to: Enforce order in its immediate presence, or as near thereto as is necessary to prevent interruption, disturbance, or hindrance to its proceedings; Enforce order before a person or body acting under its authority; Compel obedience to its judgments, orders, and process, and to the order of a judge out […]

§ 16-1-103. Contempt

For the effectual exercise of its powers, every court is vested with the power to punish for contempt, as provided for in this code. Code 1858, § 4100; Shan., § 5912; Code 1932, § 10111; T.C.A. (orig. ed.), § 16-103.

§ 16-1-104. Conflicts in Use of Courtroom

In case of conflict among the courts, the use of the courtroom may be regulated by consent, in which case the court yielding the room may hold its session in any other room within the limits of the county seat. If no agreement is made, the circuit court shall be preferred to the chancery court. […]

§ 16-1-106. Minutes

The minutes of the court for each day’s work shall be signed by the judge. The minute book shall provide a place for the judge’s signature after the minute entries each day; however, where the orders of the court are photocopied so that an accurate facsimile of the entire order and judge’s signature appears, it […]

§ 16-1-107. Power to Sell Land

In all suits, instituted according to law, to sell the real estate of decedents for the payment of debts, or to sell lands for partition, a court of record may decree a sale of lands lying in any part of the state. Code 1858, § 4102 (deriv. Acts 1847-1848, ch. 170); Shan., § 5914; mod. […]

§ 16-1-108. Vesting Title by Decree or Clerk’s Deed

Courts having jurisdiction to sell lands, instead of ordering parties to convey, may divest and vest title directly by decree, or empower the clerk to make title. Code 1858, § 4103 (deriv. Acts 1801, ch. 6, § 48; 1837-1838, ch. 176, § 1); Shan., § 5915; Code 1932, § 10114; T.C.A. (orig. ed.), § 16-108.

§ 16-1-109. Registration of Decree or Clerk’s Deed

The decree or deed of the clerk, as the case may be, has the same force and effect as a conveyance by the party, and shall be registered. Code 1858, § 4104 (deriv. Acts 1801, ch. 6, § 48; 1837-1838, ch. 176); Shan., § 5916; Code 1932, § 10115; T.C.A. (orig. ed.), § 16-109.

§ 16-1-110. Implied Covenants in Sales of Land

In cases where the sale is made at the voluntary instance of parties, the decree or deed of the clerk shall imply a covenant of seisin and warranty of title by the parties whose interest is sold, their heirs and representatives, unless otherwise provided in the face of the decree. Code 1858, § 4105; Shan., […]

§ 16-1-111. Use of Papers Filed in Federal Courts

In all cases that have been removed from the courts of the state to the federal courts, and that have been afterward remanded to the state courts, the pleadings, depositions and proofs that have been filed in the federal court during its pendency there shall be used as if the pleadings, depositions and proofs had […]

§ 16-1-112. Justice of the Peace — Name Change Throughout Code

Tennessee Code Annotated is amended in each of its provisions providing the judicial powers, duties, functions or jurisdiction of the justice of the peace to delete references to “justice of the peace” or any variation of those words and to substitute instead references to the “court of general sessions” or “judge of the court of […]

§ 16-1-113. Court Business and Filings — Facsimile Transmissions

It is the intent of the general assembly, in recognition of the common practice and use of facsimile transmissions (faxes) in business and government, to: Promote a more efficient means of filing documents and overcome expenses and delays entailed in long distance communication; and Enable courts in this state to implement procedures for the filing […]

§ 16-1-114. Immunity for Judges Sitting Specially or by Interchange

Any judge or lawyer sitting specially under § 16-15-209 or § 17-2-208 or by interchange shall have the same immunity as the judge for whom the judge or lawyer is sitting, and the state or county that would provide the defense for the judge for whom the lawyer or judge is sitting shall be required […]

§ 16-1-115. Electronic Signatures

Notwithstanding any law to the contrary, courts in this state may implement procedures for the use of electronic signatures in the signing of pleadings, court orders, judgment orders, affidavits of complaint, arrest warrants, a mittimus or other court documents. An electronic signature may be used to sign a document and shall have the same force […]

§ 16-1-116. Transfer of Actions or Appeals

Notwithstanding any other law or rule of court to the contrary, when an original civil action, an appeal from the judgment of a court of general sessions, or a petition for review of a final decision in a contested case under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, is filed in […]

§ 16-1-117. Reporting Case Statistics — Automated Court Information System

It is the duty of the administrative office of the courts to collect, develop, and maintain uniform statistical information relative to court caseloads in Tennessee. To assist the administrative office of the courts in this duty, the clerks of each court shall report case data as set forth below: Each criminal case shall be assigned […]

§ 16-1-119. Advisory Task Force to Review Composition of Judicial Districts

By no later than September 1, 2018, the speaker of the senate and the speaker of the house of representatives shall establish an advisory task force to review the composition of Tennessee’s current judicial districts codified at § 16-2-506. The task force shall be composed of eleven (11) members, as follows: Three (3) current trial […]