§ 29-41-101 Chapter definitions
§ 29-41-102 Applicability
§ 29-41-103 Defendant’s right to raise claim — Hearing on court’s own motion
§ 29-41-104 Hearing to determine merits of defendant’s allegations
§ 29-41-105 Evidence creating rebuttable presumption
§ 29-41-106 Dismissal of abusive civil actions — Remedies — Costs
§ 29-41-107 Restrictions on the filing of claims by plaintiff determined to be abusive civil action plaintiff

Terms Used In Tennessee Code > Title 29 > Chapter 41

  • Abusive civil action: means a civil action filed by a plaintiff against a defendant with whom the plaintiff shares a civil action party relationship primarily to harass or maliciously injure the defendant and at least one (1) of the following factors are applicable:

    • (A) Claims, allegations, and other legal contentions made in the civil action are not warranted by existing law or by a reasonable argument for the extension, modification, or reversal of existing law, or the establishment of new law. See Tennessee Code 29-41-101

    • Abusive civil action plaintiff: means a person who files a civil action that a court of record has determined to be an abusive civil action and against whom prefiling restrictions have been imposed pursuant to this chapter. See Tennessee Code 29-41-101
    • Accumulated contributions: means the sum of all the amounts deducted from the compensation of a member, together with any amount transferred to the account of the member established pursuant to chapters 34-37 of this title from the respective account of the member under one (1) or more of the superseded systems, with interest thereon, as provided in §. See Tennessee Code 8-34-101
    • Actuarial equivalent: means a benefit of equal value when computed at regular interest upon the basis of the mortality tables last adopted for such purpose by the board of trustees. See Tennessee Code 8-34-101
    • Amateur: means a person who has never competed in an unarmed combat sport competition or contest for any purse or item of value, other than for a prize or item of value that does not exceed fifty dollars ($50. See Tennessee Code 68-115-102
    • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
    • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
    • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
    • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
    • Average final compensation: means the average annual earnable compensation of a member during the five (5) consecutive years of the member's creditable service affording the highest such average, or during all of the years in the member's creditable service if less than five (5) years. See Tennessee Code 8-34-101
    • Beneficiary: means any person, persons or institution receiving a retirement allowance or other benefit as provided in chapters 34-37 of this title. See Tennessee Code 8-34-101
    • board: means the board provided for in part 3 of this chapter. See Tennessee Code 8-34-101
    • Civil action: means a civil action, as defined in Rule 2 of the Tennessee Rules of Civil Procedure. See Tennessee Code 29-41-101
    • Civil action defendant: means a person or persons against whom a civil action has been filed that a court of record has determined to be an abusive civil action and imposed prefiling restrictions against the abusive civil action plaintiff pursuant to this chapter. See Tennessee Code 29-41-101
    • Civil action party relationship: means the plaintiff commencing a civil action and the civil action defendant fall within one (1) of the following categories:

      • (A) Adults who are current or former spouses. See Tennessee Code 29-41-101

      • Combatant: means any person eighteen (18) years of age or older who engages in a professional unarmed combat contest. See Tennessee Code 68-115-102
      • Commission: means the Tennessee athletic commission. See Tennessee Code 68-115-102
      • Contest: means an unarmed combat sport competition or exhibition in which at least one (1) of the combatants is a professional or has previously competed as a professional in this state or any other state or in which licensed combatants compete for a purse or item of value greater than that amount authorized pursuant to subdivision (1) for an amateur event. See Tennessee Code 68-115-102
      • Continuance: Putting off of a hearing ot trial until a later time.
      • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
      • Creditable service: means prior service plus membership service, as provided in part 6 of this chapter. See Tennessee Code 8-34-101
      • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
      • Dependent: A person dependent for support upon another.
      • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
      • Employer: means :

        • (A) The state or any department, commission, institution, board or agency of the state government by which a member is paid, with respect to members in its employ. See Tennessee Code 8-34-101

        • Event: means an amateur event in which amateurs, as defined in this section, compete in an unarmed combat sport competition in accordance with this chapter. See Tennessee Code 68-115-102
        • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
        • Harass or maliciously injure: means the civil action determined to be an abusive civil action was filed with the intent or was primarily designed to:

          • (A) Exhaust, deplete, impair, or adversely impact the civil action defendant's financial resources unless:

            • (i) Punitive damages are requested and appropriate. See Tennessee Code 29-41-101

            • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
            • Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
            • Kickboxing: means unarmed combat involving the use of striking techniques delivered with the upper and lower body, and in which the combatants remain standing while striking. See Tennessee Code 68-115-102
            • Member: means any person included in the membership of the retirement system, as provided in chapter 35, part 1 of this title. See Tennessee Code 8-34-101
            • Minor: has the meaning set forth in §. See Tennessee Code 8-34-101
            • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
            • Plaintiff: The person who files the complaint in a civil lawsuit.
            • Prior service: means service rendered prior to the date of membership in the retirement system for which credit was given under the terms of one (1) or more of the superseded systems as provided in part 6 of this chapter. See Tennessee Code 8-34-101
            • Professional: means a person who competes or has competed in an unarmed combat sport contest for the purpose of a purse or item of value greater than that amount authorized for an amateur event, or any person who has been previously licensed in any other jurisdiction as a professional. See Tennessee Code 68-115-102
            • Retirement: means withdrawal from membership with a retirement allowance granted under chapters 34-37 of this title. See Tennessee Code 8-34-101
            • Retirement allowance: means the sum of the member annuity and the state annuity. See Tennessee Code 8-34-101
            • Retirement system: means the Tennessee consolidated retirement system as defined in §§. See Tennessee Code 8-34-101
            • Service: means service as a general employee, a teacher, a state police officer, a wildlife officer, a firefighter, a police officer, a state judge, a county judge, an attorney general, a commissioner or a county official which is paid for by an employer, and also includes service for which a former member of the general assembly is entitled to under former §§ 3-401 and 3-406. See Tennessee Code 8-34-101
            • Service retirement date: means the date on which a member first becomes eligible for a service retirement allowance, or would first become eligible for a service retirement allowance if the member were to remain in service until such date, as provided in §§. See Tennessee Code 8-34-101
            • State annuity: means annual payments for life derived from contributions by an employer. See Tennessee Code 8-34-101
            • Superseded system: means , where applicable, the Tennessee state retirement system, the Tennessee teachers' retirement system, the Tennessee judges' retirement system, the retirement system for county paid judges of Tennessee, the attorneys general retirement system of Tennessee, the public service commissioners' retirement system, and the Tennessee retirement system for county officials, any one (1) of them, or any combination thereof. See Tennessee Code 8-34-101
            • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
            • Unarmed combat: means and includes boxing, mixed martial arts and kickboxing as defined and regulated under this chapter. See Tennessee Code 68-115-102
            • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105