Tennessee § 16-15-501 - General jurisdiction.

§ 16-15-501. General jurisdiction.

The court of general sessions is vested with all of the jurisdiction and shall exercise the authority formerly conferred by law upon justices of the peace in civil and criminal cases, suits and actions. The jurisdiction, power and authority of the court shall be coextensive with the county. Notwithstanding any provision of the law to the contrary, judges of courts of general sessions have jurisdiction to try and dispose of violations of municipal ordinances where the sheriff of the county is acting under the authority of §§ 8-8-201 and 12-9-104; provided, that a certified copy of the ordinances of the municipality have been filed with the court. Judges of courts of general sessions shall direct the clerk of the court that all fines collected shall be paid over to the municipality and all court costs collected shall be paid and accounted for according to former § 16-15-703(d) [repealed], to help administer the cost of enforcement; provided, that reasonable costs have been set by ordinance of the municipality. The judges of courts of general sessions of counties having a population of not less than fourteen thousand six hundred fifty (14,650) nor more than fourteen thousand six hundred seventy (14,670), according to the 1960 federal census or any subsequent federal census, have, in addition to the jurisdiction and powers conferred above, concurrent jurisdiction with the circuit court judge and chancellor in that county or counties in workers' compensation cases, divorce cases and those powers specifically conferred upon both those courts of record under § 29-31-101. The judges of courts of general sessions of counties having a population of not less than nine thousand two hundred thirty (9,230) nor more than nine thousand two hundred fifty (9,250), according to the 1960 federal census or any subsequent federal census, have, in addition to the jurisdiction and powers conferred above, concurrent jurisdiction with the circuit judge and chancellor in that county or counties in divorce cases. Judges of courts of general sessions in any county having a population of not less than seventy-seven thousand seven hundred (77,700) nor more than seventy-seven thousand eight hundred (77,800), according to the 1980 federal census or any subsequent federal census, in addition to the jurisdiction and powers conferred above, have concurrent jurisdiction with the circuit judge and chancellor in that county in domestic relations cases. All courts of general sessions in this state created by private act have the powers and jurisdiction conferred by this chapter and §§ 18-4-201 — 18-4-203, 20-12-143, 27-5-108, 40-1-109, 40-4-117 and former 40-4-118 [repealed], and in addition, have such further powers and jurisdiction as may be conferred by the private act creating that court. It is not the intention of this chapter to divest any court of general sessions of any jurisdiction conferred by any private act. This chapter shall not diminish the powers, jurisdiction or provisions governing the operation of any court of general sessions created by private act. It is the intent of the general assembly that each court of general sessions of this state has all the powers and jurisdiction granted by the public acts and applicable private acts. The jurisdiction of courts of general sessions, where they have been created, shall extend to the sum of twenty-five thousand dollars ($25,000) in all civil cases, both law and equity; provided, that this section shall not apply to cases of forcible entry and detainer, in which the court shall have unlimited original jurisdiction; and provided further, that this section shall not apply to actions to recover personal property, in which the court shall have unlimited original jurisdiction, including jurisdiction to award an alternative money judgment; and general sessions judges shall have jurisdiction to issue restraining orders and to enforce the penalty provisions for violation of those restraining orders. For the purpose of calculating whether a judgment entered by a court of general sessions is within or exceeds the monetary jurisdictional limits established for the courts by subdivision (d)(1), the following amounts shall not be included: Any amount awarded for attorney fees; Any court costs assessed by the court; and Any discretionary costs assessed by the court. Code 1858, § 4123 (deriv. Acts 1827, ch. 51, § 1; 1841-1842, ch. 186, § 1; 1849-1850, ch. 269, § 1; 1853-1854, ch. 58, §§ 1, 2; 1857-1858, ch. 56, § 3; 1857-1858, ch. 62, § 1); Acts 1865-1866, ch. 51, § 1; 1875, ch. 11, §§ 1-3; Shan., § 5935; mod. Code 1932, § 10136; Acts 1853, ch. 39, § 1; 1959, ch. 109, §§ 2, 22; 1961, ch. 138, § 1; 1965, ch. 114, § 1; 1967, ch. 276, § 1; 1968, ch. 635, § 2; 1969, ch. 44, § 2; 1969, ch. 133, § 1; 1970, ch. 341, § 1; 1973, ch. 88, § 2; 1973, ch. 355, § 2; 1973, ch. 365, § 10; 1974, ch. 432, § 2; 1974, ch. 659, § 1; 1977, ch. 295, §§ 1, 2; 1978, ch. 560, § 1; 1979, ch. 68, § 2; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), §§ 16-1104, 16-1124, 19-301; Acts 1981, ch. 289, § 4; 1982, ch. 655, §§ 1-3; 1982, ch. 930, § 3; 1982, ch. 945, § 2; 1983, ch. 231, § 1; 1983, ch. 283, §§ 1, 2; 1985, ch. 368, § 1; 1986, ch. 698, § 3; 1988, ch. 698, § 10; 1993, ch. 241, §§ 13-15; 1997, ch. 472, §§ 1-3; 1999, ch. 259, § 1; 2000, ch. 743, § 1; 2000, ch. 764, § 1; 2006, ch. 722, § 1. Compiler's Notes. Section 1 of Acts 1968, ch. 635, amended Acts 1965, ch. 114 by providing for local approval and § 2 of Acts 1968, ch. 635 validated Acts 1965, ch. 114. Acts 1968, ch. 635 has been approved by the local governing body. Section 1 of Acts 1969, ch. 44 amended Acts 1967, ch. 276 by providing for local approval and § 2 of Acts 1969, ch. 44 validated Acts 1967, ch. 276. Acts 1969, ch. 44 has been approved by a local governing body. Section 1 of Acts 1972, ch. 664 provided that in counties with a population of not less than 47,750 and not more than 49,750, the judges of general session courts shall be authorized to sit by interchange with any circuit, criminal or any other court of general jurisdiction provided that they have the proper qualifications. Acts 1986, ch. 698, § 5 provided that “all existing agreements between municipalities and county sheriffs, courts of general sessions, and governing bodies of counties for the enforcement of municipal ordinances are ratified and validated.” Former § 16-15-204 , referred to in this section, was repealed by Acts 1993, ch. 241, § 2. Former § 16-15-703 , referred to in this section, was repealed by Acts 1993, ch. 241, § 20. Former § 40-4-118 , referred to in this section, was repealed by Acts 1993, ch. 241, § 64. Acts 2000, ch. 743, § 2 provided that the addition of (d)(2)(B) shall have no effect unless it is approved by a two-thirds (2/3) vote of the county legislative body. Its approval or non-approval shall be proclaimed by the presiding officer of the county legislative body and certified to the secretary of state. The amendment was approved June 19, 2000. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement. Cross-References. Compensation and qualifications of judges, jurisdiction, title 16, ch. 15, part 50. General sessions court actions recommenced in circuit or chancery court, § 28-1-105 . General sessions court counterclaim, cross-claim, or third party complaint recommenced in circuit or chancery court, §§ 28-1-114 , 47-2-725 . General sessions court judge acting as city judge, § 6-4-301 . Jurisdiction under Tennessee Governmental Tort Liability Act, §§ 29-20-305 , 29-20-307 . Textbooks. Tennessee Jurisprudence, 1 Tenn. Juris., Amendments, § 9; 13 Tenn. Juris., Fires, § 7; 13 Tenn. Juris., Forcible Entry and Detainer, § 13; 17 Tenn. Juris., Jurisdiction, §§ 6, 22, 25; 17 Tenn. Juris., Justices of Peace and General Sessions Courts, §§ 2-19, 21; 19 Tenn. Juris., Municipal, State and County Securities, § 8; 25 Tenn. Juris., Weapons, § 7. Law Reviews. Alternative Dispute Resolution in the Personal Injury Forum (William P. Zdancewicz), 26 U. Mem. L. Rev. 1169 (1996). The Tennessee Court System — General Sessions Court (Frederic S. Le Clercq), 8 Mem. St. U.L. Rev. 375. Attorney General Opinions. Concurrent jurisdiction, OAG 89-25 (2/16/89). Lewis County court has no concurrent divorce jurisdiction, OAG 96-114 (9/5/96). Appeals from grant or denial of order of protection, OAG 98-043 (2/17/98). The Gibson County General Sessions Court has countywide jurisdiction to try and dispose of all misdemeanor cases, regardless of the location of the offense in the county; thus, the Gibson County General Sessions Court, sitting in two parts with one judge, is not subject to the same jurisdictional limits as the Law Court of Humboldt, OAG 00-108 (6/12/00). In some cases, the general sessions courts have jurisdiction for enforcement of a child curfew law against a parent, OAG 00-158 (10/17/00). The term “General Sessions Court” cannot accurately refer to a city court, OAG 01-160 (10/25/01). Cited: Farris v. Blanton, 528 S.W.2d 549, 1975 Tenn. LEXIS 628 (Tenn. 1975); Alcoa v. Blount County, 658 S.W.2d 116, 1983 Tenn. App. LEXIS 608 (Tenn. Ct. App. 1983); Benson v. Herbst, 240 S.W.3d 235, 2007 Tenn. App. LEXIS 317 (Tenn. Ct. App. May 18, 2007); Steelman v. State, — S.W.3d —, 2007 Tenn. App. LEXIS 537 (Tenn. Ct. App. Aug. 21, 2007); Philpot v. Tenn. Health Mgmt., 279 S.W.3d 573, 2007 Tenn. App. LEXIS 765 (Tenn. Ct. App. Dec. 12, 2007); McGregor v. Christian Care Ctr. of Springfield, LLC, — S.W.3d —, 2010 Tenn. App. LEXIS 309 (Tenn. Ct. App. Apr. 29, 2010); Crowley v. Thomas, 343 S.W.3d 32, 2011 Tenn. LEXIS 599 (Tenn. June 17, 2011).