(a)

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Terms Used In Tennessee Code 17-2-123

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Probate: Proving a will
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) Notwithstanding any law to the contrary, the circuit or chancery court judges of a county may appoint a full-time master to serve as a judicial officer in the absence of any such judges.
(2) A master appointed pursuant to subdivision (a)(1) shall be an attorney licensed to practice law by this state and in good standing with the board of professional responsibility.
(3) The compensation for a master appointed pursuant to this section shall be fixed by the presiding judge of the judicial district and shall be paid from any fund appropriated for such purpose by the county governing body.
(4) The master shall have all the powers specified in § 17-2-118 and the powers granted to masters by Tenn. R. Civ. P. 53.
(b)

(1) Notwithstanding any law to the contrary, the circuit or chancery courts exercising domestic or probate jurisdiction may appoint one (1) or more suitable persons to act as masters at the pleasure of the judge. A master shall be a member of the bar in good standing and shall hold office at the pleasure of the judge. The compensation of a master shall be fixed by the judge with approval of the county legislative body or the pertinent governing body, and paid from public funds.
(2) Provided the respective circuit or chancery court has jurisdiction in the manner provided for the hearing of cases by the court, the judge or judges for whom the master serves may direct that the master hear in the first instance the following types of cases:

(A) Orders of protection (both hearings and reviews);
(B) Motions to amend or alter orders of protection;
(C) Child support petitions;
(D) Signing appearance orders for child support cases;
(E) Signing and hearing show cause orders for temporary support and parenting time;
(F) Signing attachment orders;
(G) Temporary parenting plans; and
(H) Matters related to probate.
(3) A master has the same authority as the judge to issue any and all process necessary in the types of cases the master is authorized by subdivision (b)(2) to hear. The master in the conduct of authorized proceedings has the powers of a trial judge.
(4) Upon the conclusion of the hearing in each case, the master shall transmit to the judge all papers relating to the case, together with the master’s findings and recommendations in writing.
(5) Any party may, within five (5) days thereafter, excluding nonjudicial days, file a request with the court for hearing by the appropriate circuit or chancery court judge. The judge may, on the judge’s own motion, order a rehearing of any matter heard before a master, and shall allow a hearing if a request for such hearing is filed as herein prescribed. Unless the judge orders otherwise, the order of the master shall be the decree of the court pending a rehearing.
(6) Any appeal from the master to the judge from a final order shall be tried de novo by the judge.
(7) In case no hearing of a final order before the judge is requested, or when the right to a hearing is waived, the findings and recommendations of the master become the decree of the court when confirmed by an order of the judge. The final order of the court is, in any event, proof of such confirmation, and also of the fact that the matter was duly referred to the master.
(c) This section applies in a county upon the adoption of a resolution by a two-thirds (2/3) majority vote of the county legislative body authorizing the appointment of masters. A county to which this section applied before April 14, 2022, is not required to adopt this section and may continue to appoint masters.
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