Tennessee § 16-15-727 - Correction of judgment — Mistakes, inadvertence, excusable neglect and fraud.

§ 16-15-727. Correction of judgment — Mistakes, inadvertence, excusable neglect and fraud.

Tenn. R. Civ. P. 60.01, regarding clerical mistakes, shall apply to all courts of general sessions. The general sessions judge shall have the authority under the same circumstances and in the same manner as is provided in Tenn. R. Civ. P. 60.01 to correct such mistakes. Tenn. R. Civ. P. 60.02, regarding mistakes, inadvertence, excusable neglect, fraud and other similar reasons set out in that rule, shall apply to all courts of general sessions. A motion under the general sessions court's authority under Tenn. R. Civ. P. 60.02 shall be filed within ten (10) days of the date of judgment. Once filed, the motion shall toll the ten-day period for seeking de novo review in the circuit court until the determination of the motion is concluded. Thereafter, an appeal for de novo review in the circuit court shall be filed within ten (10) days of the general sessions court's ruling on the motion to relieve a party or the parties' legal representative from a final judgment, order or proceeding in the same manner as provided in Tenn. R. Civ. P. 60.02. Acts 1859-1860, ch. 109; Shan., § 4600; mod. Code 1932, § 8724; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 19-423; Acts 1993, ch. 241, § 44; T.C.A., § 19-1-116 ; Acts 2004, ch. 875, § 1; 2007, ch. 443, § 1. Compiler's Notes. References in some of the annotations for this section to “justices of the peace” are deemed references to “courts of general sessions” or “judges of courts of general sessions.” See Acts 1979, ch. 68, §§ 2, 3. Cross-References. Revival of judgments, § 25-4-103 . Textbooks. Tennessee Jurisprudence, 17 Tenn. Juris., Justices of Peace and General Sessions Courts, § 30. Attorney General Opinions. Authority of general sessions judge to correct a judgment, OAG 04-090 (5/10/04). Cited: Jackson Energy Auth. v. Diamond, 181 S.W.3d 735, 2005 Tenn. App. LEXIS 22 (Tenn. Ct. App. 2005); Benson v. Herbst, 240 S.W.3d 235, 2007 Tenn. App. LEXIS 317 (Tenn. Ct. App. May 18, 2007); Tenn. Prot. Agency, Inc. v. Mathies, — S.W.3d —, 2010 Tenn. App. LEXIS 465 (Tenn. Ct. App. July 23, 2010).