Incompetency of Judge

  1. Law
  2. Tennessee Code
  3. Civil Procedure
  4. Venue
  5. Change of Venue
  6. Incompetency of Judge

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  1. As a further provision to prevent delay in cases of incompetency, it is the duty of the circuit court judges and chancellors, whenever there is a cause before one (1) of them, in which the circuit court judge or chancellor is interested, at the request of the opposite party, to transfer the cause to any court in an adjoining district or division that the adverse party may choose; and the original papers, with a certified copy of all orders, shall be immediately transmitted to the court to which the venue is changed.
  2. Where the judge of any court of law or chancery is incompetent, from any other cause, to try the cause, upon application of either of the parties to the suit, the suit shall be transferred to the nearest court having jurisdiction of such cases where like incompetency does not exist.

Code 1858, § 3924; Acts 1870, ch. 9, § 1; Shan., §§ 5720, 5721; mod. Code 1932, §§ 9906, 9907; T.C.A. (orig. ed.), § 20-508.

Cross-References. Disqualification of judge and grounds of incompetency, §17-2-101, Tenn. Const., art. VI, § 11.

Special judge, §§17-2-109 —17-2-113.

Textbooks. Gibson's Suits in Chancery (7th ed., Inman), § 621.

Tennessee Jurisprudence, 24 Tenn. Juris., Venue, § 6.

Law Reviews.

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

Collateral References. 77 Am. Jur. 2d Venue § 61.

Affidavit or motion for disqualification of judge as contempt. 70 A.L.R.3d 797.

Disqualification of judge by state in criminal case for bias or prejudice. 68 A.L.R.3d 509.

Disqualification of judge for having decided different case against litigant — state cases. 85 A.L.R.5th 547.

Disqualification of judge for having decided different case against litigant. 21 A.L.R.3d 1369.

Disqualification of original trial judge to sit on retrial after reversal or mistrial. 60 A.L.R.3d 176.

Laws governing judicial recusal or disqualification in state proceeding as violating federal or state constitution. 91 A.L.R.5th 437.

Membership in fraternal or social club or order affected by a case as ground for disqualification of judge. 75 A.L.R.3d 1021.

Prior representation or activity as prosecuting attorney as disqualifying judge from sitting or acting in criminal case. 85 A.L.R.5th 471.

Venue 45.


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