Top Legislation - View All
Latest Action: 05/22/2007 - Re-referred To: TACIR Bill TextAnnexation - Restores the right to trial by jury in quo warranto actions contesting the validity of municipal annexation. - Amends TCA Section 6-58-111. Fiscal Summary for HB0763 / *SB0045 Increase Local Govt. Expenditures - Not Significant
Latest Action: 05/22/2007 - Assigned to Gen. Sub of: Senate Jud Comm. Bill TextAnnexation - Restores the right to trial by jury in quo warranto actions contesting the validity of municipal annexation. - Amends TCA Section 6-58-111. Fiscal Summary for *SB0045 / HB0763 Increase Local Govt. Expenditures - Not Significant
Latest Action: 06/06/2007 - Companion became Public Chapter 276 Bill TextCompanion Bill SB0143. Civil Procedure - Enacts the "Diana Acklen Act of 2007." - Amends TCA Title 44, Chapter 8, Part 4. Fiscal Summary for HB0108 / *SB0143 Increase Local Govt. Revenues - Not Significant Increase Local Govt. Expenditures - Not Significant Bill Summary for HB0108 / *SB0143 This bill imposes liability on a dog's owner for damages suffered by a person who is injured by the dog while in a public place or lawfully in or on private property, including the property of the dog's owner. This liability would attach regardless of whether the dog has shown any past or present propensity for viciousness or whether the dog's owner had knowledge of the dog's viciousness. The dog's owner would not be liable under this bill if: (1) The dog is a military or police dog, the injury occurred during the course of the dog's [...] show full description
Latest Action: 06/26/2007 - Public Chapter 443 Bill TextCompanion Bill SB0389. Civil Procedure - Confers upon general sessions court authority to set aside judgments pursuant to Rule 60.02 as well as correcting judgments pursuant to Rule 60.01 and tolls the 10-day appeal period when such a motion is filed. - Amends TCA Title 16, Chapter 15, Part 7. Fiscal Summary for *HB0123 / SB0389 MINIMAL Bill Summary for *HB0123 / SB0389 Present law provides that the provisions of Tennessee Rules of Civil Procedure, Rule 60, relative to correction of judgments apply to all courts of general sessions. The judge of such a court has the same authority to correct judgments and may do so under the same circumstances and time limits and in the same manner as is provided in that rule. This bill clarifies that Rule 60.01 relative to correction in judgments and Rule 60.02 relative to setting aside judgments or otherwise [...] show full description
Latest Action: 02/13/2007 - Assigned to Subcommittee Civil Practice and Procedure of JUD Bill TextCivil Procedure - Clarifies that procedure requiring the plaintiff in libel action to notify the defendant five days before instituting the action also applies to libel actions based upon publications posted on the Internet, in addition to those actions based upon publications in a newspaper or periodical. - Amends TCA Title 29, Chapter 24, Part 1. Fiscal Summary for *HB0420 / SB1062 MINIMAL
Latest Action: 03/08/2007 - Sponsor change. Bill TextCompanion Bill SB0682. Civil Procedure - Requires trial judge to adjudge all costs in favor of the prevailing party in all civil cases. - Amends TCA Title 20. Fiscal Summary for HB0789 / *SB0682Increase State Expenditures - $266,000 Other Fiscal Impact - Increase Federal Expenditures - $511,500 Bill Summary for HB0789 / *SB0682 Present law authorizes judges to allocate court costs to either or both parties in a civil lawsuit. This bill requires the courts to assign all reasonable costs of litigation, including court costs, investigatory costs, and attorneys' fees to the losing party in a lawsuit. In an action for negligence, the plaintiff would be considered the prevailing party if the plaintiff's negligence is adjudged as less than the defendant's negligence.
Latest Action: 02/21/2007 - Assigned to Subcommittee Civil Practice and Procedure of JUD Bill TextCompanion Bill SB1636. Civil Procedure - Enacts the "Sunshine in Litigation Act." - Fiscal Summary for *HB1134 / SB1636Increase State Expenditures - Not Significant Increase Local Govt. Expenditures - Not Significant Bill Summary for *HB1134 / SB1636 This bill: (1) Prohibits any court from entering any order or judgment that has the purpose or effect of concealing: (a) A public hazard or any information concerning a public hazard; or (b) Any information that may be useful to members of the public in protecting themselves from injury that may result from the public hazard; (2) Prohibits the enforcement of any portion of an agreement or contract that has the purpose or effect of concealing: (a) A public hazard, or any information that may be useful to members of the public in protecting themselves [...] show full description
Latest Action: 02/21/2007 - Assigned to Subcommittee Civil Practice and Procedure of JUD Bill TextCivil Procedure - Clarifies that in civil action in general sessions court, any claim defendant has against plaintiff is not barred by statute of limitations if it was not barred at time plaintiff commenced suit. - Amends TCA Section 28-1-114. Fiscal Summary for *HB1140 / SB1883 MINIMAL
Latest Action: 02/21/2007 - Passed second consideration, caption bill, held on desk - pending amdt. Bill TextCivil Procedure - Clarifies that when plaintiff brings action against municipality or county for wrongfully granting building code or zoning variance that the municipality or county is the only necessary party to such action. - Amends TCA Title 20, Chapter 1 and Title 29, Chapter 14, Part 1. Fiscal Summary for HB1649 / *SB0840 Increase Local Govt. Expenditures - Not Significant
Latest Action: 02/21/2007 - Passed second consideration, caption bill, held on desk - pending amdt. Bill TextCivil Procedure - Adds optometrists to list of persons exempt from subpoena for trial and subject to subpoena for deposition. - Amends TCA Title 24. Fiscal Summary for HB1674 / *SB1855 MINIMAL
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Latest Legislation - View All
Latest Action: 02/04/2008 - Passed second consideration, Referred to Senate Jud Comm. Bill TextCompanion Bill HB3905. Civil Procedure - Enacts the "Private Process Servers Regulatory Act of 2008." - Amends TCA Title 62. Fiscal Summary for SB4045 / *HB3905Increase State Revenue - $30,200/One-Time $24,200/Biennially/Beginning in Year 3 Increase State Expenditures - $6,000/One-Time $12,100/Recurring Increase Local Expenditures - Not Significant Bill Summary for SB4045 / *HB3905 Pursuant to the Tennessee Rules of Civil Procedure any person who is not a party to a lawsuit and who is at least 18 years of age may do the following: (1) Serve a leading summons and complaint ("process") on any defendant named in a lawsuit pursuant to Rule Four; and (2) Serve a subpoena pursuant to Rule 45. This bill creates a system for registering and regulating private process servers. Under this [...] show full description
Latest Action: 03/18/2008 - Taken Off Notice For Calendar in Subcommittee Civil Practice and Procedure of Judiciary of Judiciary Committee Bill TextCompanion Bill SB4168. Limitation of Actions - Specifies, for purposes of provisions governing accrual of a right of action for a person with a disability, that a disability is considered removed with respect to persons of unsound mind by the appointment of a conservator or other fiduciary empowered to bring suit on behalf of the person. - Amends TCA Title 28, Chapter 1, Part 1. Fiscal Summary for *HB4124 / SB4168Decrease State Expenditures - Not Significant Bill Summary for *HB4124 / SB4168 Under the present law provisions governing statutes of limitation, if the person entitled to commence an action is, at the time the cause of action accrued, either under the age of 18 years, or of unsound mind, such person, or such person's representatives and privies, may commence the action, after the removal of such disability, within the time of limitation [...] show full description
Latest Action: 03/18/2008 - Assigned to Gen. Sub of: Senate Jud Comm. Bill TextCompanion Bill HB4124. Limitation of Actions - Specifies, for purposes of provisions governing accrual of a right of action for a person with a disability, that a disability is considered removed with respect to persons of unsound mind by the appointment of a conservator or other fiduciary empowered to bring suit on behalf of the person. - Amends TCA Title 28, Chapter 1, Part 1. Fiscal Summary for SB4168 / *HB4124Decrease State Expenditures - Not Significant Bill Summary for SB4168 / *HB4124 Under the present law provisions governing statutes of limitation, if the person entitled to commence an action is, at the time the cause of action accrued, either under the age of 18 years, or of unsound mind, such person, or such person's representatives and privies, may commence the action, after the removal of such disability, within the time of limitation [...] show full description
Latest Action: 03/04/2008 - Taken Off Notice For Calendar in Subcommittee Civil Practice and Procedure of Judiciary of Judiciary Committee Bill TextCompanion Bill SB3550. Civil Procedure - Requires that there be published a 30-day notice for a judicial or trust sale, instead of a 20-day notice, and that a study be conducted by the secretary of state regarding placement on its Web site of notices for foreclosure throughout the state. - Amends TCA Title 35, Chapter 5. Fiscal Summary for HB3806 / *SB3550Increase State Expenditures - Not Significant Bill Summary for HB3806 / *SB3550 Present law requires that for any sale of land to foreclose a mortgage or under judicial orders or process, advertisement of the sale must be made at least three different times in some newspaper published in the county where the sale is to be made. The first publication must be at least 20 days before the sale. This bill requires the first publication of notice of a sale of land to foreclose a mortgage or [...] show full description
Latest Action: 05/08/2008 - Companion became Public Chapter 726 Bill TextCompanion Bill SB3982. Civil Procedure - Allows court to award certain expenses in derivative proceeding involving corporation and shareholders. - Amends TCA Title 48, Chapter 17. Fiscal Summary for *HB3866 / SB3982MINIMAL Bill Summary for *HB3866 / SB3982 The present law provisions governing proceedings against a corporation by a shareholder authorize the court may require the plaintiff to pay any defendant's reasonable expenses, including counsel fees, incurred in defending the proceeding if it finds that the proceeding was commenced without reasonable cause. This bill adds a provision for the plaintiff to recover expenses. Under this bill, the court may award the plaintiff reasonable expenses, including counsel fees, if: (1) The proceeding on behalf of the corporation results in the corporation taking some action requested by the plaintiff;[...] show full description
Latest Action: 02/12/2008 - Action Deferred in Subcommittee Civil Practice and Procedure of Judiciary to Summer Study Bill TextCompanion Bill SB4045. Civil Procedure - Enacts the "Private Process Servers Regulatory Act of 2008." - Amends TCA Title 62. Fiscal Summary for *HB3905 / SB4045Increase State Revenue - $30,200/One-Time $24,200/Biennially/Beginning in Year 3 Increase State Expenditures - $6,000/One-Time $12,100/Recurring Increase Local Expenditures - Not Significant Bill Summary for *HB3905 / SB4045 Pursuant to the Tennessee Rules of Civil Procedure any person who is not a party to a lawsuit and who is at least 18 years of age may do the following: (1) Serve a leading summons and complaint ("process") on any defendant named in a lawsuit pursuant to Rule Four; and (2) Serve a subpoena pursuant to Rule 45. This bill creates a system for registering and regulating private process servers. Under this [...] show full description
Latest Action: 05/08/2008 - Public Chapter 726 Bill TextCompanion Bill HB3866. Civil Procedure - Allows court to award certain expenses in derivative proceeding involving corporation and shareholders. - Amends TCA Title 48, Chapter 17. Fiscal Summary for SB3982 / *HB3866MINIMAL Bill Summary for SB3982 / *HB3866 The present law provisions governing proceedings against a corporation by a shareholder authorize the court may require the plaintiff to pay any defendant's reasonable expenses, including counsel fees, incurred in defending the proceeding if it finds that the proceeding was commenced without reasonable cause. This bill adds a provision for the plaintiff to recover expenses. Under this bill, the court may award the plaintiff reasonable expenses, including counsel fees, if: (1) The proceeding on behalf of the corporation results in the corporation taking some action requested by the plaintiff;[...] show full description
Latest Action: 05/08/2008 - Public Chapter 743 Bill TextCompanion Bill SB3337. Civil Procedure - Revises provisions governing notice of foreclosure being sent to debtor and co-debtor. - Amends TCA Section 35-5-101. Fiscal Summary for HB3748 / *SB3337MINIMAL Bill Summary for HB3748 / *SB3337 Present law requires that notice of a foreclosure be sent to the debtor at the location of the property to be sold and the last known residence of the debtor, or any other address provided by the debtor to the mortgagor or trustee at least 30 days before publication of the notice, if the residence or other last known address is different from the address of the property. Present law also requires that notice of foreclosure be sent to any co-debtor at the last known residence address or other address of the co-debtor that is provided to the mortgagor or trustee at least 30 days before publication of the notice, but [...] show full description
Latest Action: 04/08/2008 - Action Deferred in Subcommittee Civil Practice and Procedure of Judiciary to last calendar Bill TextCompanion Bill SB2851. Liens - Enacts the "Wrongful Lien Injunction Act." - Amends TCA Title 20; Title 25; Title 26; Title 29 and Title 66. Fiscal Summary for HB3654 / *SB2851Increase State Expenditures - Not Significant Increase Local Expenditures - Not Significant Bill Summary for HB3654 / *SB2851 This bill creates a cause of action for a wrongful lien. As used in this bill, "wrongful lien" refers to a lien that is filed, made, perfected, or recorded against a person's property and the lienor had no legal interest or right provided for by law in the person's property. Under this bill, the owner of any property who believes that the owner is the victim of a wrongful lien may file a petition in the general sessions court, chancery court, or circuit court in the county in which the petitioner or respondent resides or in which [...] show full description
Latest Action: 06/11/2008 - Companion became Public Chapter 1082 Bill TextCompanion Bill HB2509. Civil Procedure - Clarifies certain requirements relative to setting apart an easement or right-of-way for ingress and egress to landlocked property. - Amends TCA Title 54, Chapter 14, Part 1. Fiscal Summary for SB3838 / *HB2509 MINIMAL Bill Summary for SB3838 / *HB2509 Generally, if a person's land is surrounded by the land of another person who refuses to allow a private road to allow the enclosed person to pass to and from the enclosed land, then a county court, upon petition, must appoint a jury of view to visit the premises and mark a road through the refusing person's land. Present law allows, but does not require, a judge to order the creation of a road in accordance with the jury's report, not to exceed a width of 25 feet. This bill requires a judge to make such an order. Present law requires a person desiring [...] show full description
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