LegalFix

§ 17-2-121. Retired or former judges in certain civil cases -- Courtrooms -- Process -- Manner of trial.

TN Code § 17-2-121 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(a) If the trial of a civil case is expected to be complex, lengthy or the litigants, for any reason, desire the matter to be disposed of in an expeditious manner, the litigants may, upon joint motion of all parties to the action and with the consent of the appropriate judge, agree to employ a retired or former judge to hear the case.

(b) The administrative director of the courts shall compile a list of all retired or former Tennessee trial level judges who are willing to sit in special cases pursuant to subsection (a) and the particular expertise of each judge, if any. Upon compiling the list, the administrative director of the courts shall distribute the list to every active trial level judge with civil jurisdiction in this state.

(c) When the litigants in a civil case agree to employ a retired or former judge pursuant to subsection (a), they shall approach the judge to whom the case was originally assigned. Upon explaining the nature of the litigation, the judge shall give the parties the names of three (3) retired or former judges available to hear the case. If three (3) retired or former judges are not available, the judge shall give them the names of the judges who are available. Where possible, the judge shall match the expertise of the retired or former judge to the particular case in question.

(d) It shall be the duty of the litigants to decide which retired or former judge to contact, contact the judge, and make all necessary arrangements for the place, date and time of the trial. It shall also be the responsibility of the litigants to compensate the retired or former judge in accordance with § 17-2-106. The clerks and other courthouse officials shall cooperate in helping the litigants find a suitable courtroom for the trial of the case. If no courtroom is available, the case may be tried in any location agreeable to the litigants and retired or former judge.

(e) Process, subpoenas and all other matters relating to the trial of the case shall be governed by the Tennessee rules of civil procedure. The case shall be tried without a jury and in the same manner as other civil cases.

(f) Upon the conclusion of the trial, the retired or former judge shall submit the judge's finding to the judge of the court to which the case was originally assigned. The finding of the retired or former judge shall become the finding of the court and judgment may be entered thereon in the same manner as if the case had been tried by that court. The finding of the retired or former judge and the judgment of the court may be appealed in the same manner as in any other civil case and shall be governed by the Tennessee rules of appellate procedure.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
§ 17-2-121. Retired or former judges in certain civil cases -- Courtrooms -- Process -- Manner of trial.