Tennessee Courts
There are four levels of the Tennessee court system. They are the Supreme Court, Appellate Courts (including federal appellate courts), Trial Courts, and Courts of Limited Jurisdiction. The judicial branch, along with the state's executive and legislative branches function to administer justice and ensure law and order.
The Courts of Limited Jurisdiction include the Juvenile Courts, Municipal Courts, and the General Sessions Courts. These are small courts that try petty cases. Municipal Courts only try cases whose fines are not more than $50, and jail terms are not more than 30 days. Juvenile Courts exclusively try cases involving minors. The jurisdiction of the General Sessions Court is also limited, and it varies from county to county. For criminal cases, the powers of the General Sessions Court are only limited to preliminary hearings for felonies. Misdemeanor cases where the defendant waives the right to a grand jury investigation and further trials in a Circuit Court are also heard at the General Sessions Court.
The state trial courts are the Circuit Courts, Chancery Courts, Criminal Courts, and Probate Courts. The Circuit and Chancery Courts are present in all 31 judicial districts of Tennessee. Circuit Courts hear both civil and criminal cases but owing to the huge caseload on the Circuit Courts, separate Criminal Courts were established in some judicial districts. Criminal Courts try criminal cases exclusively. Chancery Courts hear cases involving the need to establish equity. To resolve these cases, the Chancellor may not strictly follow the law to find what is fair to all parties involved. Probate Courts are not present in all of Tennessee counties. Cases involving wills, administration of estates, and guardianships are tried at the Probate Courts under the authority of the Probate Judge.
Two Courts of Appeals make up the Appellate Courts. The Court of Appeals was established by the Tennessee General Assembly in 1925. The court hears appeals of non-criminal cases from the state trial courts and some state boards and commissions. The court has twelve judges who sit in panels of three at Jackson, Knoxville, and Nashville to decide on appeals. The other Appellate Court is the Criminal Court of Appeals. It was established in 1967 with the mandate to hear appeals of criminal cases earlier decided by the lower trial courts. The Criminal Court of Appeals also has twelve judges who sit monthly in panels of three.
The highest court in Tennessee is the Tennessee Supreme Court. The court has five justices who review appeals from lower courts and interpret the Tennessee and the United States’ constitutions. When there is a need for the speedy resolution of some cases, the Tennessee Supreme Court may assume jurisdiction over cases already before any of the Appellate Courts.
The Administrative Office of the Courts (AOC), headed by a director appointed by the Supreme Court, supports all the courts that make up the Tennessee court system. The AOC prepares the annual budget of courts, manages the payroll system of the court system, assists judges with case assignments, among many other functions. Each administrative office also maintains Tennesee court records that provide an official account of judicial proceedings in the state.
What is the Tennessee Supreme Court?
The Tennessee Supreme Court is the court with the highest authority in Tennessee. Five Justices appointed by the governor and confirmed by the General Assembly preside over cases appealed to the Supreme Court from the lower Appellate Courts. Issues involving constitutional law and state taxes are under the jurisdiction of the Tennessee Supreme Court. The five Justices, who represent Tennessee’s grand divisions of West, Middle, and East Tennessee, select a Chief Justice from among themselves. The Tennessee Supreme Court needs the concurrence of at least three of the five Justices to decide on cases brought before it.
Tennessee Court of Appeals
The Tennessee Court of Appeals, created by the General Assembly in 1925, presides over appeals of civil and non-criminal cases emanating from the lower trial courts. Issues originating from some state boards and commissions are also brought before the Tennessee Court of Appeal. There are 12 Judges on the Tennessee Court of Appeals bench, among whom a Chief Judge is elected to serve a 1-year tenure. These judges sit in panels of three at Jackson, Knoxville, and Nashville to rule on cases before the Court of Appeals.
Tennessee Criminal Court of Appeals
The Tennessee Criminal Court of Appeals hears appeals of criminal cases earlier decided by the lower trial courts and some post-conviction petitions. It was established in 1967 by the Legislature. In 1996, the General Assembly increased the number of judges from 9 to 12. The Judges of the Tennessee Criminal Court of Appeals also sit in panels of three at Jackson, Knoxville, and Nashville. They may also sit at other places if necessary. Judges are evaluated by voters at the end of their 8-year tenure and then decide if to renew their term in office or not.
Tennessee Circuit Courts
Circuit Courts in Tennessee are courts of general jurisdiction and are present in all the 31 judicial districts of the state. They preside over both criminal and civil cases, except in districts that have separate Criminal Courts. In locations with both a Circuit Court and a Criminal Court, the Circuit Court presides over civil cases exclusively while criminal cases are tried at the Criminal Court. In districts without a Criminal Court, the Circuit Court presides over both civil and criminal proceedings. Circuit Courts in Tennessee also preside over cases appealed from the lower courts like the Juvenile, Municipal, and the General Sessions Courts.
Tennessee Chancery Courts
Chancery Courts decide equity cases. Issues that require the decision of what will be fair to all parties are heard at the Tennessee Chancery Courts. The presiding Chancellor can adapt state laws in resolving cases and is not entitled to strictly follow the law. Chancery Courts are present in all 31 judicial districts of Tennessee.
Tennessee Criminal Courts
Criminal Courts in Tennessee were set up in 13 of the state’s 31 judicial districts to try criminal cases exclusively. The decision to establish Criminal Courts in the judicial districts was reached to ease the burden on the Circuit Courts.
Tennessee Probate Courts
Probate Courts in Tennessee hear cases involving wills, guardianships, estates, and conservatorships. Shelby and Davidson are the only counties with Probate Courts in Tennessee.
Tennessee General Sessions Courts
General Sessions Courts have limited jurisdiction. The kind of cases they handle in each county differ from one another. They mostly preside over preliminary hearings for felony and misdemeanor cases where the defendant has given up the right to a grand jury investigation. The General Sessions Court also hears civil cases involving a limited amount of money.
Tennessee Juvenile Courts
Juvenile Courts in Tennessee handle legal matters involving minors under the age of 18. There are about 98 Juvenile Courts, with 109 Juvenile Court Judges and 45 Magistrates in Tennessee.
Tennessee Municipal Courts
Municipal Courts in Tennessee are limited to hearing cases with punishments of fines that are not more than $50 and jail terms not more than 30 days. They are also called City Courts and are present in about 300 Tennessee cities.
What are Appeals and Court Limits?
Appeals, the review by higher courts of the decision of lower courts, must be filed with the clerk of the Appellate Courts within 30 days after the judgment to be appealed has been served. However, the time limit is sometimes waived for criminal cases in the interest of justice.
The defendant can file a direct appeal if dissatisfied with the validity of the conviction or sentencing. If it is a criminal case, the appeal will be filed at the Criminal Court of Appeal. The state responds to the notice of appeal by filing a responsive brief through an attorney from the Criminal Appeals Division of the Attorney General’s Office (AGO). The court, with a 4-man panel, may decide to allow oral arguments and give a ruling after reviewing the briefs.
Dissatisfied defendants can go ahead to seek the permission of the Tennessee Supreme Court for further appeals. The Supreme Court reserves the right to reject any request for additional appeals after the ruling of the Criminal Court of Appeal. If permission is granted, lawyers from parties involved will submit briefs while oral arguments may also be requested by the court. The five justices of the Supreme Court review the case and make a ruling. However, if the Tennessee Supreme Court rejects the appeal application, the decision of the Criminal Court of Appeal becomes final. The only exception to this process is when a defendant has been handed capital punishment. The appeal process bypasses the Criminal Court of Appeal and goes directly to the Tennessee Supreme Court.
Petitions for post-conviction appeals can be raised till about one year after the judgment of the highest court of the land. These motions seeking to overturn the judgment of the Tennessee Supreme Court are filed at the Trial Courts.
How Do I Find My Case Number in Tennessee?
Case numbers, which are unique numbers assigned to different court cases for easy identification, can be found by using the Public Case History tool managed by the Tennessee Supreme Court. The Public Case History has the records of cases heard at the Appellate Courts and the Supreme Court. Interested persons can find their case numbers by searching with names. They can also engage the clerk of the court that tried their cases at the lower courts to retrieve their case numbers. However, finding case numbers at the courthouses may attract some nominal fees.
Does Tennessee Hold Remote Trials?
The COVID-19 pandemic led to the suspension of in-court proceedings in Tennessee. However, pleas and trials by judges, alongside other motions that can be remotely heard, continue to hold. Online communication resources such as Zoom and a few others are being used for remote trials. The Justices of the Tennessee Supreme Court signed an order suspending jury trials until January 31, 2021, except for those granted permission by the Chief Justice. The AOC has also mandated most court employees to perform their roles remotely but be available to assist the judges at any time required.
