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|State||Statute||Description/Statute Name||Statutory language||Court/legal body||Function|
|Tennessee||TN Const. Art. 6, § 1||Enumeration of Courts||
"The judicial power of this State shall be vested in one Supreme Court and in such Circuit, Chancery and other inferior Courts as the Legislature shall from time to time,+ See more
ordain and establish; in the Judges thereof, and in Justices of the Peace. The Legislature may also vest such jurisdiction in Corporation Courts as may be deemed necessary. Courts to be holden by Justices of the Peace may also be established."
|All Courts||Creation of the courts|
|Tennessee||Tenn. Code Ann. § 16-1-101||Vesting||
"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+ See more
courts, chancery courts, courts of appeals, and the supreme court, and other courts created by law."
|All Courts||Creation of the courts|
|Tennessee||Tenn. Code Ann. § 16-1-102||Powers||
"Every court has the power to:(1) Enforce order in its immediate presence, or as near thereto as is necessary to prevent interruption, disturbance, or hindrance to its proceedings; (2) Enforce order+ See more
before a person or body acting under its authority; (3) Compel obedience to its judgments, orders, and process, and to the order of a judge out of court, in an action or proceeding in court; (4) Control, in furtherance of justice, the conduct of its officers, and all other persons connected with a judicial proceeding before it, in every matter pertaining to the proceeding; (5) Administer oaths whenever it may be necessary in the exercise of its powers and duties; and (6) Control its process and orders."
|All Courts||Jurisdiction of the courts|
|Tennessee||Tenn. Code Ann. § 16-3-201||Jurisdiction||
"(a) The jurisdiction of the court is appellate only, under restrictions and regulations that from time to time are prescribed by law; but it may possess other jurisdiction that is+ See more
now conferred by law upon the present supreme court.(b) The court has no original jurisdiction, but appeals and writs of error, or other proceedings for the correction of errors, lie from the inferior courts and court of appeals, within each division, to the supreme court as provided by this code. (c) The court also has jurisdiction over all interlocutory appeals arising out of matters over which the court has exclusive jurisdiction. (d)(1) The supreme court may, upon the motion of any party, assume jurisdiction over an undecided case in which a notice of appeal or an application for interlocutory or extraordinary appeal is filed before any intermediate state appellate court. (2) Subdivision (d)(1) applies only to cases of unusual public importance in which there is a special need for expedited decision and that involve: (A) State taxes; (B) The right to hold or retain public office; or (C) Issues of constitutional law. (3) The supreme court may, upon its own motion, when there is a compelling public interest, assume jurisdiction over an undecided case in which a notice of appeal or an application for interlocutory or extraordinary appeal is filed with an intermediate state appellate court. (4) The supreme court may by order take actions necessary or appropriate to the exercise of the authority vested by this section. (e) Appeals of actions under title 2, chapter 17 relative to election contests shall be to the court of appeals in accordance with the Tennessee rules of appellate procedure."
|Supreme Court||Jurisdiction of the courts|
|Tennessee||Tenn. Code Ann. § 16-4-108||Jurisdiction||
"(a)(1) The jurisdiction of the court of appeals is appellate only, and extends to all civil cases except workers' compensation cases and appeals pursuant to § 37-10-304(g).(2) All cases within+ See more
the jurisdiction conferred on the court of appeals shall, for purposes of review, be taken directly to the court of appeals in the division within which the case arose, the eastern division to include Hamilton County and the western division to include Shelby County. As to all other cases, the exclusive right of removal and review is in the supreme court. Any case removed by mistake to the wrong court shall by that court be transferred to the court having jurisdiction of the case, direct. (b) The court of appeals also has appellate jurisdiction over civil or criminal contempt arising out of a civil matter."
|Court of Appeals||Jurisdiction of the courts|
|Tennessee||Tenn. Code Ann. § 16-5-108||Jurisdiction||
"(a) The jurisdiction of the court of criminal appeals shall be appellate only, and shall extend to review of the final judgments of trial courts in:(1) Criminal cases, both felony+ See more
and misdemeanor; (2) Habeas corpus and Post-Conviction Procedure Act proceedings attacking the validity of a final judgment of conviction or the sentence in a criminal case, and other cases or proceedings instituted with reference to or arising out of a criminal case; (3) Civil or criminal contempt arising out of a criminal matter; and (4) Extradition cases. (b) The court or any judge of the court shall also have jurisdiction to grant petitions for certiorari and supersedeas in proper cases within its jurisdiction as provided by law."
|Court of Criminal Appeals||Jurisdiction of the courts|
|Tennessee||Tenn. Code Ann. § 16-10-101; Tenn. Code Ann. § 16-10-102; Tenn. Code Ann. § 16-10-112||General Jurisdiction||
"The circuit court is a court of general jurisdiction, and the judge of the circuit court shall administer right and justice according to law, in all cases where the jurisdiction+ See more
is not conferred upon another tribunal." The circuit court has exclusive original jurisdiction of all crimes and misdemeanors, either at common law or by statute, unless otherwise expressly provided by statute or this code. The circuit court has an appellate jurisdiction of all suits and actions, of whatsoever nature, unless otherwise provided, instituted before any inferior jurisdiction, whether brought by appeal, certiorari, or in any other manner prescribed by law.
|Circuit Court||Jurisdiction of the courts|
|Tennessee||Tenn. Code Ann. § 16-11-102||Concurrent Jurisdiction||
"(a) The chancery court has concurrent jurisdiction, with the circuit court, of all civil causes of action, triable in the circuit court, except for unliquidated damages for injuries to person+ See more
or character, and except for unliquidated damages for injuries to property not resulting from a breach of oral or written contract; and no demurrer for want of jurisdiction of the cause of action shall be sustained in the chancery court, except in the cases excepted.(b) Any suit in the nature of the cases excepted in subsection (a) brought in the chancery court, where objection has not been taken by a plea to the jurisdiction, may be transferred to the circuit court of the county, or heard and determined by the chancery court upon the principles of a court of law."
|Chancery Court||Jurisdiction of the courts|
|Tennessee||Tenn. Code Ann. § 16-15-101||Creation||
"(a) There is created and established a court in and for each county of the state, except in counties having a population of not less than nine thousand one hundred+ See more
seventy-five (9,175) nor more than nine thousand two hundred (9,200), according to the last federal census or any subsequent federal census, which shall be designated as the court of general sessions.(b) It is the intent of this section to create a general sessions court in every county not expressly excepted in this section. In any county where a general sessions court has been created pursuant to the general provisions of this chapter, it is intended that the county shall always have a general sessions court unless abolished by another general statute. In counties in which there is no court of general sessions as provided in this section, references in this code to the court of general sessions are deemed to include the court having the jurisdiction of the court of general sessions in such counties."
|Court of General Sessions||Creation of the courts|
|Tennessee||Tenn. Code Ann. § 16-15-401||Powers||
"(a) Each general sessions court judge is vested with power to:(1) Grant writs of attachment, returnable to the circuit court, in the same manner and to the same extent as+ See more
the circuit judge; (2) Enter up judgment by confession of a defendant to any amount within the judge's jurisdiction in the particular case; (3) Issue an execution in the judge's county upon a certified execution from another county; (4) Issue a subpoena for witnesses, in any matter to be tried before the judge, to the judge's own or an adjoining county; (5) Issue scire facias to revive judgments against the personal representatives and heirs of deceased parties, to any county in the state; (6) Issue alias and pluries executions whenever necessary; (7) Issue counterpart writs to any county in the state for the principal maker of any bill, bond, or note, at the instance of the surety or endorser who is sued thereon; and (8) Punish persons disturbing them in the discharge of their official duties. (b) Judges of general sessions courts have the same authority as circuit court judges or chancellors to grant fiats for writs of injunction, attachments and other extraordinary process. They also have the same jurisdiction relative to the suspension and revocation of sentences imposed by them as that conferred upon all trial judges by title 40, chapter 29. (c) The judges of courts of general sessions of counties of the third class, as defined in § 16-15-204, having a population of not less than forty-seven thousand eight hundred fifty (47,850) nor more than forty-seven thousand eight hundred seventy-five (47,875), according to the 1970 federal census or any subsequent federal census, in addition to the jurisdiction and powers conferred elsewhere in this chapter, have the authority to sit by interchange for the county judge in nonsupport, probate, juvenile and lunacy proceedings."
|Court of General Sessions||Jurisdiction of the courts|
|Tennessee||Tenn. Code Ann. § 16-18-101||Authorization||
"In any municipality in this state having a mayor's court or a municipal court presided over by the mayor of the municipality or the city recorder of the municipality and+ See more
having no other provision for a municipal judge for the municipality, the governing body of the municipality is authorized by ordinance to provide for the office of municipal judge."
|Municipal Court||Creation of the courts|
|Tennessee||Tenn. Code Ann. § 37-1-103||Exclusive Original Jurisdiction||
(a) The juvenile court has exclusive original jurisdiction of the following proceedings, which are governed by this part:(1) Proceedings in which a child is alleged to be delinquent, unruly or+ See more
dependent and neglected, or to have committed a juvenile traffic offense as defined in § 37-1-146; (2) Proceedings arising under §§ 37-1-141--37-1-144; (3) Proceedings arising under § 37-1-137 for the purposes of termination of a home placement; (4) Prosecutions under § 37-1-412, unless the case is bound over to the grand jury by the juvenile court or the defendant is originally charged with a greater offense of which violation of § 37-1-412 is a lesser included offense; (5) Proceedings arising under § 49-5-5209(e); and (6) Proceedings in which a parent or legal guardian is alleged to have violated parental responsibilities pursuant to § 37-1-174. (b) The juvenile court also has exclusive original jurisdiction of the following proceedings, which are governed by the laws relating thereto without regard to the other provisions of this part: (1) Proceedings to obtain judicial consent to employment, or enlistment in the armed services of a child, if consent is required by law; (2) Proceedings under the Interstate Compact for Juveniles, compiled as chapter 4, part 1 of this title; and (3) Proceedings under the Interstate Compact on the Placement of Children, compiled as chapter 4, part 2 of this title. (c) Except as provided in subsection (d), when jurisdiction has been acquired under this part, such jurisdiction shall continue until the case has been dismissed, or until the custody determination is transferred to another juvenile, circuit, chancery or general sessions court exercising domestic relations jurisdiction, or until a petition for adoption is filed regarding the child in question as set out in § 36-1-116(f). A juvenile court shall retain jurisdiction to the extent needed to complete any reviews or permanency hearings for children in foster care as may be mandated by federal or state law. This subsection (c) does not establish concurrent jurisdiction for any other court to hear juvenile cases, but permits courts exercising domestic relations jurisdiction to make custody determinations in accordance with this part. (d)(1) A juvenile court in any county of this state shall have temporary jurisdiction to issue temporary orders pursuant to this section upon a petition on behalf of a child present or residing in that county. Upon being informed that a proceeding pertaining to the same child has been commenced in or a determination pertaining to the same child has been made by a court of a county having prior jurisdiction under this part; provided, that the court having temporary jurisdiction shall immediately notify and attempt to communicate with the court having original jurisdiction regarding the status of the child before issuing any temporary order hereunder, the courts shall coordinate with one another to resolve any jurisdictional issues, protect the best interests of the child, and determine the duration of any order entered by a court pursuant to this section. (2) A court shall have temporary jurisdiction pursuant to this subsection (d) only in a neglect, dependency or abuse proceeding, a termination of parental rights proceeding or an order of protection pursuant to title 36, pertaining to the child whose matter is before the court when the court determines it is necessary to protect the best interests of that child by action of that court. (3) Upon notice that a proceeding pertaining to the child has been commenced in a court in a county having prior jurisdiction under this part or upon notice that there is a previous determination pertaining to the child that is entitled to be enforced under this part: (A) The court exercising temporary jurisdiction shall attempt to communicate with the prior court having jurisdiction and resolve jurisdictional issues and determine whether jurisdiction should transfer to the court exercising temporary jurisdiction; (B) If jurisdiction is not transferred to the court exercising temporary jurisdiction, the orders of the court exercising temporary jurisdiction shall remain in force and effect until an order is obtained from the court having prior jurisdiction regarding the child; (C) If jurisdiction is not transferred to the court exercising temporary jurisdiction, the court exercising temporary jurisdiction under this part, either upon motion by a party or on its own, shall enter an order specifying the period of time that the court considers adequate to allow the parties to resume the proceeding in the court having prior jurisdiction under this part; and (D) If jurisdiction is transferred to the court exercising temporary jurisdiction, all matters thereafter pertaining to the child shall be within the jurisdiction of that court. (e) Notwithstanding any other law to the contrary, transfers under this section shall be at the sole discretion of the juvenile court. In all other cases, jurisdiction shall continue until a person is no longer a child as defined in § 37-1-102. (f) The court is authorized to require any parent or legal guardian of a child within the jurisdiction of the court to participate in any counseling or treatment program the court may deem appropriate and in the best interest of the child.
|Juvenile Court||Jurisdiction of the courts|
|Tennessee||Tenn. Code Ann. § 37-1-104||Concurrent Jurisdiction||
(a) The juvenile court has concurrent jurisdiction with the probate court of proceedings to:(1) Treat or commit a developmentally disabled or mentally ill child; (2) Determine the custody or appoint a+ See more
guardian of the person of a child; and (3) Give judicial consent to the marriage of a child if consent is required by law. (b) The juvenile court has concurrent jurisdiction with the general sessions court for the offenses of contributing to the delinquency or unruly conduct of a minor as defined in § 37-1-156 and contributing to the dependency of a minor as defined in § 37-1-157. (c) The juvenile, circuit and chancery courts have concurrent jurisdiction to terminate parental or guardian rights pursuant to the provisions of title 36, chapter 1, part 1. (d)(1)(A) The juvenile court has concurrent jurisdiction and statewide jurisdiction with other courts having the jurisdiction to order support for minor children and shall have statewide jurisdiction over the parties involved in the case. (B) In intrastate cases, jurisdiction to modify, alter or enforce orders or decrees for the support of children shall be determined in accordance with the provisions of title 36, chapter 5, parts 30 and 31. (C) In any political subdivision or judicial district of the state in which a court by contract is the agency designated to provide child support enforcement pursuant to Title IV-D of the Social Security Act, compiled in 42 U.S.C. §§ 651 et seq., and if a judge with child support jurisdiction in that political subdivision or judicial district agrees, the contracting court shall have jurisdiction in any case in such judge's court in which an application is made for assistance in obtaining support under this part. Upon application being made for child support enforcement assistance as provided by law, the contracting court shall assume jurisdiction and it is the duty of the court clerk to so notify the clerk of any court having prior jurisdiction. The contracting court shall then proceed to make and enforce such orders of support as it deems proper within its jurisdiction pursuant to the agreement. The contracting court shall not have jurisdiction in any case in which an absent parent is in full compliance with a support order of another court. (2) In any case in which the court has exclusive or concurrent jurisdiction to order the payment of child support, the court may issue a child support order when requested by a party. All provisions of title 36, chapter 5 that relate to child support or child support orders that include an order of spousal support and § 50-2-105 apply to support orders issued in these proceedings. (e) The juvenile court has concurrent jurisdiction with the circuit and chancery court of proceedings arising from the 1980 Hague Convention on the Civil Aspects of International Child Abduction. (f) Notwithstanding any law to the contrary, the juvenile court has concurrent jurisdiction with the circuit and chancery court of proceedings to establish the paternity of children born out of lawful wedlock and to determine any custody, visitation, support, education or other issues regarding the care and control of children born out of wedlock. The court further has the power to enforce its orders. Nothing in this subsection (f) shall be construed as vesting the circuit and chancery court with jurisdiction over matters that are in the exclusive jurisdiction of the juvenile court under § 37-1-103.
|Juvenile Court||Jurisdiction of the courts|