Holding Court Outside of Courthouse or in Courthouse or Room Outside County Seat

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  6. Holding Court Outside of Courthouse or in Courthouse or Room Outside County Seat

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    1. If for any cause, in the opinion of the court deemed sufficient, it is impracticable or inconvenient for any court to hold its session at the courthouse, or place designated by law, it shall be lawful for the court to hold its session, or any part of its session, at any other room within the limits of the county seat, or at any other room open to the public within an institution of the department of correction or the department of children's services if the court deems it necessary, and all its proceedings at such place, whether in civil or criminal cases, are as valid as if done at the courthouse.
      1. It is lawful for the court to temporarily hold its session, or any part of its session, in a courthouse or other room located outside the county seat if:
        1. The courthouse in the county seat is rendered temporarily unusable by reason of a natural disaster;
        2. Trials and other judicial proceedings are scheduled to be held in the courthouse during the time the courthouse is temporarily unusable;
        3. Another room located within the county seat with sufficient security and otherwise suitable for conducting court proceedings is not available; and
        4. The presiding judge of the district determines that extraordinary circumstances exist such that temporarily moving the judicial proceedings outside the county seat is in the best interests of justice.
      2. If the presiding judge of the judicial district determines the requirements of subdivision (a)(2)(A) have been met, the presiding judge will consult with the person who schedules events and proceedings at the location outside the county seat to determine dates when the courthouse or room outside the county seat is available for use.
      3. When the courthouse, or place designated by law, within the county seat is ready for use, judicial proceedings must be returned to the courthouse of the county seat, unless a trial is in progress at the time the courthouse within the county seat is ready for use and all parties involved agree to keep the matter in the courthouse or room outside the county seat until the conclusion of the case.
      4. All proceedings held pursuant to this subdivision (a)(2) in a courthouse or other room located outside the county seat, whether civil or criminal cases, are as valid as if done at the courthouse within the county seat.
      5. Nothing in this subdivision (a)(2) allows:
        1. The direct or indirect relocation of the county seat; or
        2. A court to lawfully hold its session at a courthouse or other room located outside the county seat for a period of time longer than is necessary to relocate or reconstruct a courthouse or other room within the limits of the county seat, except as provided in subdivision (a)(2)(C).
      6. As used in this subdivision (a)(2), “natural disaster” has the same meaning as defined in § 4-31-803.
  2. Nothing in this section shall be construed as preventing or prohibiting a county that has constructed a criminal justice building or facility, or that uses a building or facility, that is not located within the limits of the county seat, from holding criminal court in that building or facility; provided, that it is located within the limits of the county. If the building or facility is used to hold criminal court, a defendant may be indicted, prosecuted, tried and convicted in that building or facility as if done at the courthouse.

Code 1858, § 4096 (deriv. Acts 1835-1836, ch. 6, § 7; 1835-1836, ch. 18, § 13); Shan., § 5908; Code 1932, § 10108; modified; T.C.A. (orig. ed.), § 16-105; Acts 1985 (1st E.S.), ch. 12, § 1; 1989, ch. 278, § 28; 1996, ch. 1079, § 30; 2006, ch. 630, § 2; 2020, ch. 805, § 1.

Amendments. The 2020 amendment added (a)(2).

Effective Dates. Acts 2020, ch. 805, § 2. July 15, 2020.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 24.16.

Tennessee Jurisprudence, 17 Tenn. Juris., Justices of Peace and General Sessions Courts, § 2.

Attorney General Opinions. Distribution of court space by presiding judge, OAG 99-049 (3/2/99).

Unless expressly authorized by T.C.A. §§16-2-106 through16-2-402 or a private act, neither a general sessions nor a circuit court may regularly hold its sessions outside the city limits of the county seat, OAG 05-122 (8/8/05).

Cited: State v. Upchurch, 620 S.W.2d 540, 1981 Tenn. Crim. App. LEXIS 366 (Tenn. Crim. App. 1980); State v. Parton, 817 S.W.2d 28, 1991 Tenn. Crim. App. LEXIS 406 (Tenn. Crim. App. 1991); State v. Carruthers, 35 S.W.3d 516, 2000 Tenn. LEXIS 683 (Tenn. 2000); State v. Rimmer, — S.W.3d —, 2006 Tenn. Crim. App. LEXIS 986 (Tenn. Crim. App. Dec. 15, 2006).


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