Counterpart Summons

  1. Law
  2. Tennessee Code
  3. Civil Procedure
  4. Process
  5. General Provisions
  6. Counterpart Summons

Checkout our iOS App for a better way to browser and research.

  1. Where there are two (2) or more defendants in any suit in courts of law or equity or before judges of the courts of general sessions, the plaintiff may cause a counterpart summons or subpoena to be issued to any county where any of the defendants is most likely to be found, the fact that the counterpart process is issued in the same suit being noted on each process, which, when returned, shall be docketed as if only one (1) process had issued.
  2. If the defendants are not served, the same proceedings shall be had as in cases of other similar process not executed.
  3. The counterpart, when issued from a judge of the court of general sessions, shall be returned within thirty (30) days.

Code 1858, §§ 2821, 2822 (deriv. Acts 1820, ch. 25, § 3); Shan., §§ 4526, 4527; Code 1932, §§ 8653, 8654; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 20-211.

Compiler's Notes. This section may be affected by Tenn. R. Civ. P. 4.01, summons and issuance thereof, except as to general sessions courts.

Cross-References. Summons and issuance thereof, Tenn. R. Civ. P. 4.01.

Textbooks. Gibson's Suits in Chancery (7th ed., Inman), §§ 127, 129.

Tennessee Jurisprudence, 2 Tenn. Juris., Appeal and Error, § 84; 21 Tenn. Juris., Process, § 2; 24 Tenn. Juris., Venue, § 3.

Law Reviews.

Civil Procedure and Evidence — Tennessee Survey 1970 (Jerry J. Phillips), 38 Tenn. L. Rev. 127.

Cited: Southern Paving Const. Co. v. Knoxville, 245 F. 421, 1917 U.S. App. LEXIS 1503 (6th Cir. Tenn. 1917); Pinkerton v. Fox, 23 Tenn. App. 159, 129 S.W.2d 514, 1939 Tenn. App. LEXIS 22 (Tenn. Ct. App. 1939); Stevens v. Linton, 190 Tenn. 351, 229 S.W.2d 510, 1950 Tenn. LEXIS 492 (1950); Keeble v. Loudon Utilities, 212 Tenn. 483, 370 S.W.2d 531, 1963 Tenn. LEXIS 442 (1963); Commercial Truck & Trailer Sales, Inc. v. McCampbell, 580 S.W.2d 765, 1979 Tenn. LEXIS 427 (Tenn. 1979).


Download our app to see the most-to-date content.