Duties

  1. Law
  2. Tennessee Code
  3. Clerks of Courts
  4. Clerks of Circuit, Criminal, Special and General Sessions Courts
  5. Circuit, Criminal and Special Courts
  6. Duties

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The clerk of each circuit court, in addition to the duties prescribed by chapters 1 and 2 of this title, is required to:

  1. At each term of the court, when the jury is discharged, make out and certify a list of the jury, with the number of days they have served and the amount due to each, and deliver the list to the county clerk, to be registered by the county clerk, and certificates issued thereon as prescribed by § 18-6-105;
  2. Make out and transmit to the clerk of the supreme court transcripts of the record, in all cases in which appeals in the nature of writs of error have been taken from the clerk of the circuit court's court, within forty (40) days after the rendition of the judgment, unless the case has been determined within forty (40) days of the session of the supreme court, or during such session, and in that event forthwith;
  3. Enter up judgment of the court on its records, after the verdict of a jury;
  4. Note on every execution or order of sale of land, the defendant's direction not to advertise the execution or order in a newspaper;
  5. Present to the judge of the circuit or criminal court all bills of costs for the clerk of the circuit court's certificate, in criminal cases, in which the state or county is liable for the costs;
  6. Record, at full length, on the minutes of the clerk of the circuit court's court, the papers returned into the court by a judge of the court of general sessions, for the purpose of having a condemnation of land levied on by execution from such judge, and order of sale;
  7. Enter, at full length, upon the minutes of the court, the presentment or indictment in cases of felony;
  8. Perform duties in relation to revenue as prescribed in §§ 9-2-108 — 9-2-122 and 9-2-135 [repealed];
  9. Notify the Tennessee bureau of investigation of final disposition of criminal proceedings against a person as soon as practicable but no later than thirty (30) days after final disposition of the criminal proceedings; and
  10. Perform such other duties as are, or may be, required by law.

Code 1858, § 4077 (deriv. Acts 1805, ch. 45, § 2; 1827, ch. 49, § 18; 1835-1836, ch. 17, § 11; 1841-1842, ch. 129, §§ 1, 5; 1843-1844, ch. 215, §§ 3, 9; 1849-1850, ch. 120, § 1); Acts 1866-1867, ch. 36, § 7; Shan., § 5892; Code 1932, § 10093; impl. am. Acts 1978, ch. 934, §§ 22, 36; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 18-402; modified; Acts 1998, ch. 1080, § 9; 2016, ch. 739, § 1.

Compiler's Notes. Section 9-2-135, referred to in this section, was repealed by Acts 1985, ch. 118, § 7.

This section may be affected by T.R.A.P. 24 concerning content and preparation of the record on appeal.

Amendments. The 2016 amendment added present (9) and redesignated former (9) as (10).

Effective Dates. Acts 2016, ch. 739, § 3. April 7, 2016.

Cross-References. Accounting for fees, title 8, chapter 22.

Annual audit, §4-3-304.

Destruction of records upon dismissal or acquittal, title 40, ch. 32.

Fees, title 8, ch. 21, part 4.

Handling payments by delinquent revenue collectors, §§67-1-1612 —67-1-1614.

Payment for office supplies, §8-26-104.

Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 24.31, 31.50, 33.10.

Tennessee Jurisprudence, 2 Tenn. Juris., Appeal and Error, § 217; 6 Tenn. Juris., Clerks of Court, § 12; 17 Tenn. Juris., Justices of Peace and General Sessions Courts, § 36.

Law Reviews.

The Tennessee Court System — Circuit Court (Frederic S. Le Clercq), 8 Mem. St. U.L. Rev. 241.

Cited: Crabtree v. Bank of Winchester, 108 Tenn. 483, 67 S.W. 797, 1901 Tenn. LEXIS 49 (1902); Louisville & N. R. Co. v. Ray, 124 Tenn. 16, 134 S.W. 858, 1910 Tenn. LEXIS 38 (1911); Baker Watkins Supply Co. v. Fowlkes, 129 Tenn. 663, 168 S.W. 153, 1914 Tenn. LEXIS 157 (1914); Tennessee Electric Power Co. v. Hanson, 18 Tenn. App. 542, 79 S.W.2d 818, 1934 Tenn. App. LEXIS 57 (Tenn. Ct. App. 1934); State v. Bouchard, 563 S.W.2d 561, 1977 Tenn. Crim. App. LEXIS 265 (Tenn. Crim. App. 1977); Davis v. Davis, 924 S.W.2d 351, 1996 Tenn. LEXIS 356 (Tenn. 1996).


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