Part 1 Admission to Bail 40-11-101 – 40-11-153
Part 2 Forfeiture of Bail 40-11-201 – 40-11-215
Part 3 Professional Bondsmen 40-11-301 – 40-11-320
Part 4 Continuing Education for Professional Bail Bonding Agents 40-11-401 – 40-11-405

Terms Used In Tennessee Code > Title 40 > Chapter 11 - Bail

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agriculture: means :
    1. The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
    2. Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
    3. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
    4. 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.
    5. Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
    6. Appraisal: A determination of property value.
    7. Arrest: Taking physical custody of a person by lawful authority.
    8. Articles of incorporation: as used in this chapter , includes the articles of conversion of a converted corporation. See Tennessee Code 65-29-117
    9. Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
    10. Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
    11. Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
    12. Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
    13. Blasting: means the use of an explosive device for the excavation of earth, rock, or other material or the demolition of a structure. See Tennessee Code 65-31-102
    14. Board: means the underground utility damage enforcement board, created by §. See Tennessee Code 65-31-102
    15. bondsman: extends to and includes the agents, representatives or employees of a professional bondsman, or those acting for the bondsman, whether with or without compensation or salary. See Tennessee Code 40-11-301
    16. Calendar day: means a twenty-four (24) hour period beginning with the date and time that a notification to excavate or demolish is to begin, including Monday through Sunday and all holidays. See Tennessee Code 65-31-102
    17. carrier: includes any person, firm, corporation, company, association or partnership owning, operating or managing a business of providing radio services to the public on a for-hire basis and under such circumstances as would require a license by the federal communications commission as a miscellaneous common carrier in the domestic public land mobile radio service. See Tennessee Code 65-30-103
    18. Chambers: A judge's office.
    19. Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
    20. Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
    21. Commission: means the Tennessee public utility commission. See Tennessee Code 65-30-103
    22. Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
    23. Contract: A legal written agreement that becomes binding when signed.
    24. Conviction: A judgement of guilt against a criminal defendant.
    25. 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.
    26. County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
    27. Current geographic territory: means the parcels of land, as such parcels are defined or designated by the assessor of property of the county in which the parcels are located, to which a public electric system was providing electric service on February 16, 1989. See Tennessee Code 65-34-102
    28. Damage: includes the substantial weakening of structural or lateral support of an underground utility, penetration or destruction of any protective coating, housing or other protective device of an underground utility, the partial or complete severance of an underground utility and rendering any underground utility inaccessible. See Tennessee Code 65-31-102
    29. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
    30. Deed: The legal instrument used to transfer title in real property from one person to another.
    31. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
    32. demolition: means any operation by which a structure or mass of material is wrecked, razed, rendered, moved or removed by means of any tools, equipment, or discharge of explosives. See Tennessee Code 65-31-102
    33. Design locate request: means a communication to the one-call service in which a request for locating existing utility facilities for predesign or advance planning purposes is made. See Tennessee Code 65-31-102
    34. Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
    35. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
    36. Electric and community service cooperative: has the meaning set forth in §. See Tennessee Code 65-34-102
    37. Electric cooperative: means an electric cooperative or electric membership corporation, whether organized or operating under chapter 25 of this title or similar statutes of any other state, which, as of June 19, 1997, distributes electric power purchased from the Tennessee Valley authority. See Tennessee Code 65-36-102
    38. Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
    39. Ex officio: Literally, by virtue of one's office.
    40. Excavator: means any person who engages in activities described in subdivisions (A) and (B) in the definition of "excavate" contained in this section. See Tennessee Code 65-31-102
    41. Executive committee: means the executive committee created by §. See Tennessee Code 65-31-102
    42. Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
    43. Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
    44. Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
    45. Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
    46. Grantor: The person who establishes a trust and places property into it.
    47. Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
    48. Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
    49. Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
    50. Impending emergency: means circumstances potentially dangerous to life, health, property, the environment or the repair or restoration of service, which would likely develop into an emergency, as defined in §. See Tennessee Code 65-31-102
    51. Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
    52. Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
    53. Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
    54. 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.
    55. Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
    56. Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
    57. Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
    58. Lien: A claim against real or personal property in satisfaction of a debt.
    59. Location: means the proposed area for which digging or excavating is scheduled within three (3) to ten (10) working days, such area not to exceed two thousand feet (2,000') in length unless an excavator and an operator or an operator's designated representative, such as a one-call service, agree to a larger area. See Tennessee Code 65-31-102
    60. Mechanized equipment: means equipment operated by means of mechanical power including trenchers, bulldozers, power shovels, augers, backhoes, scrapers, drills, cable and pipe plows and other equipment used for plowing-in or pulling-in cable or pipe. See Tennessee Code 65-31-102
    61. Member: means each incorporator of a cooperative and each person admitted to and retaining membership in the cooperative, and includes a husband and wife admitted to joint membership. See Tennessee Code 65-29-103
    62. Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
    63. Month: means a calendar month. See Tennessee Code 1-3-105
    64. Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
    65. Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
    66. Municipal electric system: means any electric system owned by any county, municipality, power district, or other subdivision of Tennessee. See Tennessee Code 65-34-102
    67. municipal electric utility: means any governmental entity as defined in §. See Tennessee Code 65-36-102
    68. National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
    69. Non-consumer owned electric system: means any public electric system other than electric and community service cooperatives and municipal electric systems. See Tennessee Code 65-34-102
    70. Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
    71. One-Call Service: means a telephone notification service described in §. See Tennessee Code 65-31-102
    72. Operator: means any person who owns or operates a utility. See Tennessee Code 65-31-102
    73. Owner: means the owner of any property, any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety of the whole or a part of any structure which is capable of receiving service by a utility. See Tennessee Code 65-35-101
    74. 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.
    75. Person: includes any natural person, firm, association, corporation, business trust, partnership, federal agency, state or political subdivision or agency thereof, or any body politic. See Tennessee Code 65-29-103
    76. Person: means any individual. See Tennessee Code 65-31-102
    77. Person: means an individual, corporation, firm, company, partnership, association or organization of any kind, public or private. See Tennessee Code 65-35-101
    78. Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
    79. Personal property: All property that is not real property.
    80. Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
    81. Petit jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
    82. Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
    83. Probable cause: A reasonable ground for belief that the offender violated a specific law.
    84. Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
    85. Professional bondsman: means any person, firm, partnership or corporation, engaged for profit in the business of furnishing bail, making bonds or entering into undertakings, as surety, in criminal proceedings, or for the appearance of persons charged with any criminal offense or violation of law or ordinance punishable by fine, imprisonment or death, before any of the courts of this state, including municipal courts or securing the payment of fines, judgments or damages imposed and of costs assessed by those courts upon preliminary or final disposition thereof. See Tennessee Code 40-11-301
    86. Property: includes both personal and real property. See Tennessee Code 1-3-105
    87. Proposed area of excavation: means a general surface location which excavators are to furnish to operators of underground utilities or to a one-call service as defined in §. See Tennessee Code 65-31-102
    88. Public electric system: includes electric and community service cooperatives, municipal electric systems, and every individual, co-partnership, association, corporation or joint stock company, their lessees, trustees or receivers, appointed by any court whatsoever, that own, operate, manage, or control any electric power system, plant, or equipment within Tennessee affected by and dedicated to public use. See Tennessee Code 65-34-102
    89. Quorum: The number of legislators that must be present to do business.
    90. Radio common carrier system: means any facility within this state which is operated to perform for hire the service of radio communications to members of the public who subscribe to such service. See Tennessee Code 65-30-103
    91. Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
    92. Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
    93. Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
    94. Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
    95. Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
    96. Savings and loan association: includes a building and loan association, a federal or state savings and loan association, a federal savings bank, and any other financial institution, the accounts of which are insured by the federal savings and loan insurance corporation (FSLIC) or any successor of such corporation. See Tennessee Code 1-3-105
    97. Service of process: The service of writs or summonses to the appropriate party.
    98. Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
    99. signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
    100. 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
    101. Statute: A law passed by a legislature.
    102. Telephone service: means any communication service whereby communication through the electric or electronic transmission of impulses by or through any media such as wireless technology, wires, cables, microwaves, radio waves, light waves or any combination of such media or any other future transmission technology which may become available to improve communication services, is the principal intended use thereof, and includes all telephone lines, facilities or systems used in the rendition of such service. See Tennessee Code 65-29-103
    103. Tenant or occupant: means any person who occupies the whole or a part of any building, whether alone or with others, and includes the owner. See Tennessee Code 65-35-101
    104. Testimony: Evidence presented orally by witnesses during trials or before grand juries.
    105. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
    106. Trust fund: means the natural resources trust fund created by this part. See Tennessee Code 11-14-302
    107. United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
    108. utility: means any utility which furnishes electricity, gas or water, or converts solid waste into heat, fuel or energy. See Tennessee Code 65-32-103
    109. Utility: means any person, municipality, county, cooperative, board, commission, district or any entity created or authorized by public act, private act or general law to provide electricity, natural gas, water, sanitary sewer service, telephone service, or any combination thereof, for sale to consumers in any particular service area, whether or not regulated by the Tennessee public utility commission. See Tennessee Code 65-35-101
    110. Utility customer: means :

      1. The person or persons listed on the records of the utility as the customer liable for charges or payment for the utility service. See Tennessee Code 65-35-101
      2. Venue: The geographical location in which a case is tried.
      3. Willful noncompliance: means the intentional refusal or failure to perform, or comply with, a duty created or imposed by this chapter or by rules promulgated pursuant to this chapter. See Tennessee Code 65-31-102
      4. Working day: means every day, except Saturday, Sunday, and national and legal state holidays. See Tennessee Code 65-31-102
      5. Writ: A formal written command, issued from the court, requiring the performance of a specific act.
      6. Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
      7. written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
      8. Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105