Tennessee § 27-5-108 - Appeal from general sessions court.

§ 27-5-108. Appeal from general sessions court.

Any party may appeal from a decision of the general sessions court to the circuit court of the county within a period of ten (10) days on complying with this chapter. In civil cases, if one (1) or more of the parties before the general sessions court, on one (1) or more warrants, perfects an appeal of a decision of the general sessions court to the circuit court, as provided in this section, then cross appeals and separate appeals are not required, and upon the filing of a notice of appeal by any party, issues may be brought up for review by any party. This provision allowing ten (10) days in which to perfect an appeal shall apply in every county of Tennessee, any provision of any private act to the contrary notwithstanding, it being the legislative intent to establish a uniform period of ten (10) days in which any such appeal may be perfected in any county in Tennessee. Any appeal shall be heard de novo in the circuit court. If no appeal is taken within the time provided, then execution may issue. Acts 1959, ch. 109, § 4; T.C.A., § 27-509; modified; Acts 2002, ch. 707, § 1; 2008, ch. 756, § 1; 2018, ch. 858, § 1. Compiler's Notes. Acts 2018, ch. 858, § 2 provided that the act, which amended this section, shall apply to appeals filed on or after May 3, 2018. Amendments. The 2018 amendment rewrote (a)(2) which read: “(2) If there are multiple parties in a case before the general sessions court in which comparative fault is an issue at trial, and if one (1) or more of the parties, but not all, perfects an appeal of a decision of the sessions court to the circuit court, as provided in this section, then the appealing party shall serve written notice to all other parties that an appeal has been taken. Such written notice shall be sent to the last known address of each such party or to the party's legal counsel. The other parties shall have ten (10) days from receipt of such notice to perfect an appeal.” Effective Dates. Acts 2018, ch. 858 § 2. May 3, 2018. Cross-References. Actions to recover personal property, §§ 16-15-502 , 29-30-217 . Forcible entry and detainer actions, § 29-18-128 . Textbooks. Tennessee Criminal Practice and Procedure (Raybin), § 7.13. Tennessee Jurisprudence, 1 Tenn. Juris., Actions, § 2; 2 Tenn. Juris., Appeal and Error, §§ 16, 20, 206; 3 Tenn. Juris., Attachment and Garnishment, § 176; 5 Tenn. Juris., Certiorari § 16; 13 Tenn. Juris., Forcible Entry and Detainer § 17; 17 Tenn. Juris., Jurisdiction, § 25; 17 Tenn. Juris., Justices of Peace and General Sessions Courts, §§ 41, 43; 26 Tenn. Juris., Words and Phrases, § 84.1A. Law Reviews. Enforcing Money Judgments in Tennessee (Lonnie C. Rich), 4 Mem. St. U.L. Rev. 65. Judicial Reform at the Lowest Level: A Model Statute for Small Claims Courts, Part III, 28 Vand. L. Rev. 747. Pleadings, Motions and Pre-Trial Procedure, 4 Mem. St. U.L. Rev. 219. Survey of Civil Procedure in Tennessee — 1977, VII. Appellate Review of the Disposition (John L. Sobieski, Jr.), 46 Tenn. L. Rev. 366. Tennessee Civil Procedure — Notice of Appeal from General Sessions to Circuit Court, 41 Tenn. L. Rev. 369. Tennessee Criminal Law: An Overview of the Courts and a Compendium of Tennessee Criminal Procedure (Michael R. Tilley), 5 Mem. St. U.L. Rev. 90. Tennessee Procedure — The Simple Appeal, 35 Tenn. L. Rev. 642. The Pauper's Oath in Appeals From General Sessions Court (Robert A. Lanier), 19 No. 2 Tenn. B.J. 17 (1983). The Tennessee Court System — Circuit Court (Frederic S. Le Clercq), 8 Mem. St. U.L. Rev. 241. The Tennessee Court System — General Sessions Court (Frederic S. Le Clercq), 8 Mem. St. U.L. Rev. 375. Trial, 4 Mem. St. U.L. Rev. 335. Attorney General Opinions. Appeals from grant or denial of order of protection, OAG 98-043, 1998 Tenn. AG LEXIS 43 (2/17/98). All appeals of convictions in general sessions courts are reviewed de novo in circuit courts, OAG 01-079, 2001 Tenn. AG LEXIS 153 (9/14/01). A defendant who pleads guilty to a small offense in sessions court has no right to appeal, but a defendant who pleads guilty to a misdemeanor offense greater than a small offense in general sessions court may seek de novo review of only the sentence imposed in circuit court, OAG 01-079, 2001 Tenn. AG LEXIS 153 (9/14/01). An appeal of a general sessions court's revocation of probation to circuit court will be reviewed de novo, OAG 01-079, 2001 Tenn. AG LEXIS 153 (9/14/01).