It is the duty of the circuit judge to attend and hold court at the time appointed by law; but if for any reason the circuit judge fails to appear, the clerk of the court may open and adjourn the court from time to time to some future day or days, or, if the clerk thinks the rights and interests of litigants or the business of the court require it, may so open and adjourn the court to some future day or days subsequent to the time allowed by law in which to hold such court. If no judge attends by four o'clock p.m. (4:00 p.m.) on the day to which the clerk last adjourned the court, then the court shall be adjourned by the clerk to the court in course.
Code 1858, § 4220 (deriv. Acts 1835-1836, ch. 5, § 5); Acts 1901, ch. 16, § 1; 1907, ch. 592, § 1; Shan., § 6058; mod. Code 1932, § 10313; T.C.A. (orig. ed.), § 16-515; Acts 1984, ch. 931, § 17.
Cross-References. Adjournment by clerk, §18-4-104.
Terms of court abolished, §16-2-510.
Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 24.17.
Tennessee Jurisprudence, 6 Tenn. Juris., Clerks of Court, § 12.
Law Reviews.
The Tennessee Court System — Circuit Court (Frederic S. Le Clercq), 8 Mem. St. U.L. Rev. 241.