Consolidation of Proceedings

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If separate complaints, petitions, or civil warrants to enforce liens provided by this chapter are brought in the same court, then they must be consolidated; and if in different courts, the proceedings may, upon application, be removed into the court, if a court of record, in which the first complaint, petition, or civil warrant was filed, and there consolidated, unless the later proceeding is one for the benefit of all lienors, in the nature of a lien-creditors' bill, in which event earlier proceedings not of that nature must be consolidated into the lien-creditors' bill, on petition.

Code 1858, § 3546; Shan., § 5309; mod. Code 1932, § 7950; T.C.A. (orig. ed.), § 64-1132; Acts 2007, ch. 189, § 31; 2020, ch. 749, § 5.

Compiler's Notes. Acts 2020, ch. 749, § 42 provided that the act, which amended this section, applies to actions occurring and contracts entered into, amended, or renewed on or after July 1, 2020.

Amendments. The 2020 amendment substituted “complaints, petitions, or civil warrants” for “actions”, substituted “proceedings” for “actions” twice,  and substituted “complaint, petition, or civil warrant” for “action” and “proceeding” for “action”.

Effective Dates. Acts 2020, ch. 749, § 42. July 1, 2020.

Cross-References. Consolidation, Tenn. R. Civ. P. 42.

Law Reviews.

Trial, 4 Mem. St. U.L. Rev. 335 (1973).


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