Scope of Power

  1. Law
  2. Tennessee Code
  3. Remedies and Special Proceedings
  4. Contempt of Court
  5. Scope of Power

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The power of the several courts to issue attachments, and inflict punishments for contempts of court, shall not be construed to extend to any except the following cases:

  1. The willful misbehavior of any person in the presence of the court, or so near thereto as to obstruct the administration of justice;
  2. The willful misbehavior of any of the officers of such courts, in their official transactions;
  3. The willful disobedience or resistance of any officer of the such courts, party, juror, witness, or any other person, to any lawful writ, process, order, rule, decree, or command of such courts;
  4. Abuse of, or unlawful interference with, the process or proceedings of the court;
  5. Willfully conversing with jurors in relation to the merits of the cause in the trial of which they are engaged, or otherwise tampering with them; or
  6. Any other act or omission declared a contempt by law.

Code 1858, § 4106 (deriv. Acts 1831, ch. 19, § 1); Shan., § 5918; Code 1932, § 10119; T.C.A. (orig. ed.), § 23-902.

Cross-References. Basic judicial power, §16-1-103.

Chancery courts, title 21, ch. 1, part 3.

Commitment to jail, §41-4-103.

Legislative committee, §§3-3-110,3-3-111,3-3-112.

Local violations, failure to appear, §29-9-108.

Sheriff, contempt against, §8-8-207.

Unlawful acts relating to juries constituting contempt, §22-2-102.

Textbooks. Gibson's Suits in Chancery (7th ed., Inman), §§ 374, 458.

Pritchard on Wills and Administration of Estates (4th ed., Phillips and Robinson), §§ 317, 667.

Tennessee Criminal Practice and Procedure (Raybin), § 24.14.

Tennessee Forms (Robinson, Ramsey and Harwell), Nos. 1-45.01-1, 1-45.06-1.

Tennessee Jurisprudence, 2 Tenn. Juris., Appeal and Error, § 30; 7 Tenn. Juris., Contempt, §§ 2-6, 8; 20 Tenn. Juris., Perjury, § 2; 25 Tenn. Juris., Witnesses, § 5.

Law Reviews.

A Critical Survey of Developments in Tennessee Family Law in 1976-77, V. Children (Neil P. Cohen), 45 Tenn. L. Rev. 451.

Contempt of Court, 2 Tenn. L. Rev. 215.

Contempt — Refusal To Accept Appointment as Attorney, 18 Tenn. L. Rev. 772.

Evidence — Perjury As Contempt of Court, 7 Tenn. L. Rev. 213.

Paine on Procedure: Contempt of Court (Donald F. Paine), 44 Tenn. B.J. 33 (2008).

Summary Proceedings in Direct Contempt Cases, 15 Vand. L. Rev. 241.

The Contempt Powers of Tennessee Courts (E. Michael Ellis), 37 Tenn. L. Rev. 538.

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

Attorney General Opinions. Judicial powers relating to persistently absent or late attorneys, OAG 84-296 (11/6/84).

Incarceration for non-payment of fines, OAG 89-03 (1/26/89).

General sessions court contempt powers, OAG 89-08 (1/26/89).

Public defenders' representation of indigents in child support and contempt proceedings, OAG 98-092 (4/15/98).

Finding of criminal contempt not conviction under T.C.A. §38-8-106(4), OAG 03-071 (5/27/03).

Authority of city court to punish an individual for contempt of court when the person fails to appear in court for an appointed court date.  OAG 11-17, 2011 Tenn. AG LEXIS 19 (2/15/11).

A court has authority to enter a default judgment of contempt in a proceeding for civil contempt if the alleged contemnor fails to respond or appear, as long as the alleged contemnor has been provided with proper notice and the opportunity to respond. OAG 15-36, 2015 Tenn. AG LEXIS 36  (4/21/15).


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