Venue of Motions

  1. Law
  2. Tennessee Code
  3. Judgments
  4. Judgment by Motion
  5. Venue of Motions

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  1. The motion shall be made, unless in cases where otherwise provided by this Code, as follows:
    1. Where the motion is against an officer for official default, it may be made in the court in which the officer was acting officially at the time, or in the court to which process was returnable, when the default consists in the failure to execute or return process, or to pay over money collected thereon;
    2. Where the motion is by a surety, it may be made in the court in which judgment has been rendered against that surety, or in the county in which any one (1) of the defendants resides;
    3. In all other cases, the motion should be made in the county in which the defendants, or some one of them, reside, and if none of them has any permanent residence in the state, then in any county.
  2. “Court,” in this section, embraces judges of the courts of general sessions, and a motion lies in all cases before the general sessions judge having jurisdiction of the case on which the motion is based.

Code 1858, §§ 3589, 3590 (deriv. Acts 1803, ch. 18, § 1; 1809 (Sept.), ch. 69, § 1; 1835-1836, ch. 17, § 4; 1835-1836, ch. 19, § 6); Shan., §§ 5354, 5355; Code 1932, §§ 9513, 9514; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 25-342.

Textbooks. Tennessee Jurisprudence, 19 Tenn. Juris., Motions and Summary Proceedings, § 5; 23 Tenn. Juris., Suretyship, § 30.


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