Part 1 General Provisions 40-13-101 – 40-13-112
Part 2 Form and Sufficiency 40-13-201 – 40-13-221
Part 3 Capias 40-13-301 – 40-13-304

Terms Used In Tennessee Code > Title 40 > Chapter 13 - Indictments

  • 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.
  • 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.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • 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
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • conservation easement: means an easement in land or structures which:
    1. Is held for the benefit of the people of Tennessee. See Tennessee Code 66-9-303
    2. Contract: A legal written agreement that becomes binding when signed.
    3. Contract: means an agreement for improving real property, written or unwritten, express or implied, and includes extras as defined in this section. See Tennessee Code 66-11-101
    4. Contract price: means the amount agreed upon by the contracting parties to be paid for performing work or labor or for furnishing materials, machinery, equipment, services, overhead and profit, included in the contract, increased or diminished by the price of extras or breach of contract, including defects in workmanship or materials. See Tennessee Code 66-11-101
    5. Conviction: A judgement of guilt against a criminal defendant.
    6. 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.
    7. County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
    8. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
    9. Deed: The legal instrument used to transfer title in real property from one person to another.
    10. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
    11. Dependent: A person dependent for support upon another.
    12. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
    13. Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
    14. Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
    15. 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.
    16. Exempt organization: includes any organization which has received a determination of exemption from the Internal Revenue Service under §. See Tennessee Code 66-9-303
    17. Extras: means labor, materials, services, equipment, machinery, overhead and profit, for improving real property, authorized by the owner and not included in previous contracts. See Tennessee Code 66-11-101
    18. 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.
    19. Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
    20. 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.
    21. Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
    22. Fraud: Intentional deception resulting in injury to another.
    23. Furnish materials: means :
      1. To supply materials that are intended to be and are incorporated in the improvement. See Tennessee Code 66-11-101
      2. Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
      3. 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.
      4. Historically significant: means any structure more than fifty (50) years old. See Tennessee Code 66-9-101
      5. Holder: means a public body empowered to hold an interest in real property under the laws of the state or the United States. See Tennessee Code 66-9-303
      6. Improvement: means the result of any action or any activity in furtherance of constructing, erecting, altering, repairing, demolishing, removing, or furnishing materials or labor for any building, structure, appurtenance to the building or structure, fixture, bridge, driveway, private roadway, sidewalk, walkway, wharf, sewer, utility, watering system, or other similar enhancement, or any part thereof, on, connected with, or beneath the surface. See Tennessee Code 66-11-101
      7. 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.
      8. Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
      9. 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.
      10. Juror: A person who is on the jury.
      11. Laborer: means any individual who, under contract, of any degree of remoteness, personally performs labor for improving real property on the site of the improvement. See Tennessee Code 66-11-101
      12. Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
      13. 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
      14. Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
      15. Lien: A claim against real or personal property in satisfaction of a debt.
      16. Lienor: means any person having a lien or right of lien on real property by virtue of this chapter, and includes the person's successor in interest. See Tennessee Code 66-11-101
      17. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
      18. Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
      19. Month: means a calendar month. See Tennessee Code 1-3-105
      20. Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
      21. Mortgagee: The person to whom property is mortgaged and who has loaned the money.
      22. Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
      23. National Register: means that listing of the state's historic, archaeological, architectural, cultural, and environmental resources as nominated by the state's liaison officer and which is kept by the national park service, the United States department of the interior, pursuant to the National Historic Preservation Act of 1966 (P. See Tennessee Code 66-9-303
      24. nursery stock: means all trees, shrubs, or other plants, or parts of such trees, shrubs or other plants, grown or kept for, or capable of, propagation, distribution or sale on a commercial basis. See Tennessee Code 1-3-105
      25. Oath: includes affirmation. See Tennessee Code 1-3-105
      26. Oath: A promise to tell the truth.
      27. Owner: includes the owner in fee of real property, or of a less estate in real property, a lessee for a term of years, a vendee in possession under a contract for the purchase of real property, and any person having any right, title or interest, legal or equitable, in real property, that may be sold under process. See Tennessee Code 66-11-101
      28. 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.
      29. Perform: when used in connection with the words labor or services, means performance by the lienor or by another for the lienor. See Tennessee Code 66-11-101
      30. Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
      31. Person: means an individual, corporation, limited liability company, partnership, limited partnership, sole proprietorship, joint venture, association, trust, estate, or other legal or commercial entity. See Tennessee Code 66-11-101
      32. Plaintiff: The person who files the complaint in a civil lawsuit.
      33. Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
      34. Preservation restriction: means a right, whether or not stated in the form of a restriction, easement, covenant or condition, in any deed, will or other instrument executed by or on behalf of the owner of the land or in any order of taking, appropriate to preservation of either a structure or a structure and the land upon which such structure is located, historically significant for its architecture or archaeology, to prohibit or limit any or all of the following:

        1. Alterations in exterior or interior features of the structure. See Tennessee Code 66-9-101
        2. Prime contractor: means a person, including a land surveyor as defined in §. See Tennessee Code 66-11-101
        3. Property: includes both personal and real property. See Tennessee Code 1-3-105
        4. Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
        5. Public body: means the United States, states, counties, municipalities, metropolitan governments, the historic commission of any state, county, municipal, or metropolitan government, park or recreation authorities, and any other state, federal or local governmental entity. See Tennessee Code 66-9-303
        6. Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
        7. real property: include lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
        8. Real property: includes real estate, lands, tenements and hereditaments, corporeal and incorporeal, and fixtures and improvements thereon. See Tennessee Code 66-11-101
        9. 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
        10. 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.
        11. Remote contractor: means a person, including a land surveyor as defined in §. See Tennessee Code 66-11-101
        12. Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
        13. 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
        14. 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.
        15. 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
        16. solar energy system: means any device, mechanism, structure, apparatus, or part thereof, whose primary purpose is to collect solar energy and convert and store it for useful purposes including heating and cooling buildings or other energy saving processes, or to produce generated power by means of any combination of collecting, transferring, or converting solar generated energy. See Tennessee Code 66-9-203
        17. 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
        18. Statute: A law passed by a legislature.
        19. Subpoena: A command to a witness to appear and give testimony.
        20. Tennessee Register: means that listing of districts, sites, buildings, structures, and objects significant in Tennessee history, architecture, archaeology, and culture kept by the Tennessee historical commission pursuant to title 4, chapter 11, part 2. See Tennessee Code 66-9-303
        21. Third-party right of enforcement: means a right expressly provided in a conservation easement to enforce any of its terms granted to a public body, charitable corporation, charitable association, or charitable trust that, although eligible to be a holder, is not a holder. See Tennessee Code 66-9-303
        22. Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
        23. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
        24. Trustee: A person or institution holding and administering property in trust.
        25. United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
        26. Venue: The geographical location in which a case is tried.
        27. Visible commencement of operations: means the first actual work of improving upon the land or the first delivery to the site of the improvement of materials, that remain on the land until actually incorporated in the improvement, of such manifest and substantial character as to notify interested persons that an improvement is being made or is about to be made on the land, excluding, however, demolition, surveying, excavating, clearing, filling or grading, placement of sewer or drainage lines or other utility lines or work preparatory therefor, erection of temporary security fencing and the delivery of materials therefor. See Tennessee Code 66-11-101
        28. Writ: A formal written command, issued from the court, requiring the performance of a specific act.
        29. written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
        30. Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105