Powers of Court

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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 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.

Code 1858, § 4099; Shan., § 5911; mod. Code 1932, § 10110; T.C.A. (orig. ed.), § 16-102.

Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 306.

Tennessee Criminal Practice and Procedure (Raybin), § 24.14.

Law Reviews.

Clashes with Judges Can't Always be Attributed to “Robitis” (Hon. R. Vann Owens) 28 No. 5 Tenn. B.J. 39 (1992).

Attorney General Opinions. General authority of judges of general sessions to administer oaths is not limited by T.C.A. §§8-18-107,8-18-109(b) or17-1-105, OAG 03-043 (4/15/03).

Sheriff's disregard of chancery court order.  OAG 10-120, 2010 Tenn. AG LEXIS 126 (12/30/10).

Cited: In re Throneberry, 754 S.W.2d 633, 1988 Tenn. Crim. App. LEXIS 138 (Tenn. Crim. App. 1988).


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