Tennessee § 40-30-107 - Preliminary order.
Full text of Tennessee Tennessee Code Annotated § 40-30-107 — Preliminary order., with citation guidance and answers to common questions.
§ 40-30-107. Preliminary order.
If the petition is not dismissed upon preliminary consideration, the court shall enter a preliminary order. In all cases, the preliminary order shall direct the following: If a petitioner not represented by counsel requests counsel and the court is satisfied that the petitioner is indigent as defined in § 40-14-201, the court shall appoint counsel to represent the petitioner. If counsel is appointed or retained, or the petitioner is proceeding pro se, counsel or the petitioner if proceeding pro se must file an amended petition or a written notice that no amendment will be filed. The amended petition or notice shall be filed within thirty (30) days of the entry of the preliminary order, unless extended for good cause. The written notice, if filed by counsel, shall state that counsel has consulted the petitioner and that the petitioner agrees there is no need to amend the petition. Good cause will not be met by a routine statement that the press of other business prevents the filing of the appropriate pleadings within the designated time. Acts 1995, ch. 207, § 1; T.C.A. § 40-30-207 . Cross-References. Counsel for indigents, title 40, ch. 14, part 2. Determination of indigency, § 8-14-105 . Right to appointed counsel, § 40-14-103 . Rule Reference. This section is referred to in Rule 28, § 5 of the Rules of the Supreme Court of Tennessee. Law Reviews. Adjudicating Claims of Innocence for the Capitally Condemned in Tennessee: Embracing a Truth Forum (Dwight Aarons), 76 Tenn. L. Rev. 511 (2009).
Frequently Asked Questions About Tennessee § 40-30-107
What does Tennessee Code Annotated § 40-30-107 cover?
Section 40-30-107 ("Preliminary order.") is part of the Tennessee Code Annotated, the codified statutory law of Tennessee. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Tennessee § 40-30-107?
A common citation format is "Tennessee Code Annotated § 40-30-107" (Tennessee). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Tennessee law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Tennessee official source linked on this page or consult a licensed Tennessee attorney.
How does Tennessee § 40-30-107 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Tennessee can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Tennessee.