Time of Issuance and Return — Misdemeanor Cases

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Any process, warrant, precept or summons authorized to be issued by any of the judges or clerks of the court, in any criminal prosecution on behalf of the state, may be issued at any time and made returnable to any day of the term. In a misdemeanor case, if a process, warrant, precept or summons has not been served, returned or quashed within five (5) years from the date of its issuance, the process, warrant, precept or summons shall be automatically terminated and removed from the records.

Code 1858, § 5031 (deriv. Acts 1794, ch. 1, § 10); Shan., § 6991; Code 1932, § 11530; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 40-705; Acts 1993, ch. 387, § 1.

Attorney General Opinions. T.C.A. §40-6-206 has no application to probation violation warrants, OAG 02-126 (11/25/02).

Applicability of T.C.A. §40-6-206 to felony cases, OAG 06-001 (1/3/06).

T.C.A. §40-6-206 does not apply to probation violation warrants, OAG 06-001 (1/3/06).


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