Public Chapter 522

HOUSE BILL NO. 1026

By Representative Buck

Substituted for: Senate Bill No. 879

By Senator Jordan

AN ACT to amend Tennessee Code Annotated, Title 16, Chapter 15, relative to civil procedure in Courts of General Sessions.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Title 16, Chapter 15, Part 7, is amended by adding the following new section:

Section __. (a) In cases or controversies arising in a Court of General Sessions, if a defendant feels that he or she is either not at fault or that another person is also at fault, such defendant is to notify the opposing party or parties and the clerk of the court in writing forty-eight (48) hours prior to the scheduled date of the hearing of the names, if known, of the other person or persons at fault. If the defendant fails to so notify, the plaintiff shall be entitled to a continuance.

(b) After receiving notice that additional defendants may exist, the clerk of the court shall notify the plaintiff of this fact. The clerk shall automatically continue the hearing for thirty (30) days following notification to the plaintiff that additional defendants exist so the plaintiff can issue service and amend the warrant to include any new defendants.

SECTION 2. This act shall take effect upon becoming a law, the public welfare requiring it.