Powers of Clerk and Master

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The clerk and master may, at the clerk and master's office:

  1. Receive and enter on the rules the suggestion and proof of a party's death, and order and issue the necessary process to revive;
  2. Make orders for publication against defendants in cases in which publication is allowed in lieu of personal service;
  3. Take bills for confessed, and set aside the orders pro confesso, upon good cause shown and the filing of a sufficient answer;
  4. Appoint guardians ad litem for infants, upon its being made to appear, by affidavit, that they have no general guardian;
  5. Make orders for the taking of depositions, where those orders are necessary; and
  6. Open causes for proof, on good cause shown, after they have been set for hearing, in the same way the chancellor might do.

Code 1858, § 4420 (deriv. Acts 1787, ch. 22, § 1; 1845-1846, ch. 122, §§ 7-9); Shan., § 6232; mod. Code 1932, § 10515; T.C.A. (orig. ed.), § 21-901.

Cross-References. Clerks and masters, Tenn. R. Civ. P. 53.05.

Clerk's fees, §8-21-401.

Depositions, Tenn. R. Civ. P. 26, 27.

Order of publication in lieu of personal service, §§21-1-204,21-1-205.

Regulation of proceedings by chancellor, §21-1-106.

Rule to appear and defend, §21-1-204.

Substitution of parties, Tenn. R. Civ. P. 25.

Textbooks. Gibson's Suits in Chancery (7th ed., Inman), §§ 63, 148, 631, 634.

Tennessee Jurisprudence, 11 Tenn. Juris., Equity, § 58; 18 Tenn. Juris., Minors, § 17.

Law Reviews.

The Tennessee Court System — Chancery Court (Frederic S. Le Clercq), 8 Mem. St. U.L. Rev. 281.


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