Part 1 General Provisions 40-14-101 – 40-14-109
Part 2 Counsel for Indigents 40-14-201 – 40-14-210
Part 3 Transcripts and Court Reporters 40-14-301 – 40-14-317

Terms Used In Tennessee Code > Title 40 > Chapter 14 - Rights of Defendants

  • Administrative director: means the administrative director of the courts. See Tennessee Code 40-14-301
  • 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.
  • Agency: means the wildlife resources agency. See Tennessee Code 69-9-204
  • Anchored: means held in place in the water by an anchor. See Tennessee Code 69-9-204
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • 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.
  • 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.
  • Board: means the board of ground water management. See Tennessee Code 69-10-101
  • Boat: means any vessel:

    • (A) Manufactured or used primarily for noncommercial use. See Tennessee Code 69-9-204

    • 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.
    • 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
    • Commission: means the fish and wildlife commission. See Tennessee Code 69-9-204
    • Commissioner: means the commissioner of environment and conservation, the commissioner's duly authorized representative and, in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner of environment and conservation. See Tennessee Code 69-10-101
    • Commissioner: means the commissioner of environment and conservation, the commissioner's duly authorized representatives, and in the event of the commissioner's absence or a vacancy in the office of commissioner, the deputy commissioner. See Tennessee Code 69-11-102
    • 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.
    • Continuance: Putting off of a hearing ot trial until a later time.
    • Contract: A legal written agreement that becomes binding when signed.
    • Conviction: A judgement of guilt against a criminal defendant.
    • 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.
    • Court: means any court of this state exercising jurisdiction over any criminal action which is punishable by confinement in the state penitentiary. See Tennessee Code 40-14-301
    • Court reporter: A person who makes a word-for-word record of what is said in court and produces a transcript of the proceedings upon request.
    • Criminal case: means the trial of any criminal offense which is punishable by confinement in the state penitentiary and any proceeding for the writ of habeas corpus wherein the unlawful confinement is alleged to be in a state, county or municipal institution. See Tennessee Code 40-14-301
    • Dam: means any artificial barrier, together with appurtenant works, that does or may impound or divert water, and that either:

      • (A) Is or will be twenty feet (20?) or more in height from the natural bed of the stream or watercourse at the downstream toe of the barrier, as determined by the commissioner. See Tennessee Code 69-11-102

      • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
      • Days: means calendar days, including Sundays and holidays. See Tennessee Code 69-11-102
      • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
      • Department: means the department of environment and conservation. See Tennessee Code 69-10-101
      • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
      • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
      • Diver: means any person who is wholly or partially submerged in the waters of the state and who is equipped with a face mask and snorkel or underwater breathing apparatus. See Tennessee Code 69-9-204
      • Divers-down flag: means a free-flying flag, red in color, with a white diagonal stripe that begins at the top staff-side corner of the flag and extends to the lower opposite corner. See Tennessee Code 69-9-204
      • Division: means the division of water management of the department of environment and conservation. See Tennessee Code 69-11-102
      • Drill: means to dig, drill, redrill, construct, deepen or alter a well. See Tennessee Code 69-10-101
      • Enlargement: means any change in, or addition to, an existing dam or reservoir, that does or may raise the water storage elevation of the dam. See Tennessee Code 69-11-102
      • 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.
      • Ex officio: Literally, by virtue of one's office.
      • Executive director: means the executive director of the wildlife resources agency. See Tennessee Code 69-9-204
      • Farm pond: means any impoundment used only for providing water for agricultural and domestic purposes for the owner or occupant of the farm, the owner's or occupant's family, and invited guests, such as livestock and poultry watering, irrigation of crops, recreation, and conservation, but does not include any impoundment for which the water, or privileges or products of the water, are available to the general public. See Tennessee Code 69-11-102
      • Felony: A crime carrying a penalty of more than a year in prison.
      • 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.
      • 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
      • Fraud: Intentional deception resulting in injury to another.
      • Fueling: means any stage of the fueling operation. See Tennessee Code 69-9-204
      • Geothermal well: means a hole drilled into the earth, by boring or otherwise, greater than twenty feet (20?) in depth constructed for the primary purpose of adding or removing British Thermal Units (BTUs) from the earth for heating or cooling. See Tennessee Code 69-10-101
      • 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.
      • 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.
      • 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.
      • Indigent person: means any person who does not possess sufficient means to pay reasonable compensation for the services of a competent attorney. See Tennessee Code 40-14-201
      • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
      • Installer: means any person who installs or repairs well pumps or who installs filters and water treatment devices. See Tennessee Code 69-10-101
      • Judge: means the judge of any court of this state exercising jurisdiction over any criminal action which is punishable by confinement in the state penitentiary. See Tennessee Code 40-14-301
      • 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.
      • Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
      • 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
      • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
      • Lien: A claim against real or personal property in satisfaction of a debt.
      • Livestock: means all equine as well as animals that are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry. See Tennessee Code 1-3-105
      • Log: means a record of the consolidated or unconsolidated formation penetrated in the drilling of a well, and includes general information concerning construction of a well. See Tennessee Code 69-10-101
      • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
      • Monitoring well: means a hole drilled into the earth, by boring or otherwise, constructed for the primary purpose of obtaining information on the elevation or physical, chemical, radiological or biological characteristics of the ground water or for the recovery of ground water for treatment, or both. See Tennessee Code 69-10-101
      • Month: means a calendar month. See Tennessee Code 1-3-105
      • Mooring: means the act of making fast or securing a boat with lines or anchors, and may also include the place where a boat is secured or made fast. See Tennessee Code 69-9-204
      • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
      • Motorboat: means any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion. See Tennessee Code 69-9-204
      • Numbered vessel: means an undocumented vessel that is subject to issue or has been issued a certificate of number by the state. See Tennessee Code 69-9-204
      • 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.
      • Operate: means to navigate, be in physical control of, or otherwise use a motorboat or a vessel. See Tennessee Code 69-9-204
      • Operator: means the person who operates or has charge of the navigation or use of a motorboat or vessel. See Tennessee Code 69-9-204
      • Owner: means any person who owns an interest in, controls, or operates a dam. See Tennessee Code 69-11-102
      • Owner: includes a person entitled to the use or possession of a motorboat or vessel subject to an interest in another person, reserved or created by agreement and securing payment or performance of an obligation, but "owner" excludes a lessee under a lease not intended as security. See Tennessee Code 69-9-204
      • 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.
      • Person: means any individual, firm, association, organization, partnership, business trust corporation, company, county, municipal or quasi-municipal corporation, public utility, utility or other district, the state of Tennessee and its departments, divisions, institutions, and agencies, and the duly authorized officers, agents, and representatives thereof, or any combination of any of the above. See Tennessee Code 69-11-102
      • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
      • Person: means an individual, partnership, firm, corporation, association, or other entity. See Tennessee Code 69-9-204
      • Person: means any individual, organization, group, association, partnership, corporation, limited liability company, utility district, state or local government agency or any combination of them. See Tennessee Code 69-10-101
      • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
      • personal watercraft: means a mechanically propelled vessel that is designed to be operated by a person sitting, standing or kneeling on the vessel rather than being operated in a conventional manner by a person sitting, standing, or kneeling inside the vessel. See Tennessee Code 69-9-501
      • 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.
      • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
      • Probable cause: A reasonable ground for belief that the offender violated a specific law.
      • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
      • Property: includes both personal and real property. See Tennessee Code 1-3-105
      • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
      • Public defender: means any attorney appointed or elected under any act of the general assembly or any provision of a metropolitan charter to represent indigent persons accused of crime. See Tennessee Code 40-14-201
      • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
      • Quorum: The number of legislators that must be present to do business.
      • 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
      • Registration: means satisfying the requirements for registration prescribed by the commission. See Tennessee Code 69-9-204
      • 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).
      • 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
      • Reservoir: means any basin that contains or will contain the water impounded by a dam. See Tennessee Code 69-11-102
      • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
      • Restricted visibility: means any condition in which visibility is restricted by fog, mist, falling snow, heavy rainstorms or any other similar causes. See Tennessee Code 69-9-204
      • 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
      • Rules of the road: means statutory and regulatory rules governing navigation of vessels. See Tennessee Code 69-9-204
      • Serious injury: means an injury that requires, or should have required, medical treatment by a physician beyond first aid. See Tennessee Code 69-9-204
      • Service of process: The service of writs or summonses to the appropriate party.
      • 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
      • 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
      • State of principal use: means the state on whose waters a vessel is used, whether moored or underway, or to be used most during a calendar year. See Tennessee Code 69-9-204
      • Statute: A law passed by a legislature.
      • Subpoena: A command to a witness to appear and give testimony.
      • Testify: Answer questions in court.
      • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
      • 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.
      • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
      • Trustee: A person or institution holding and administering property in trust.
      • Underwater breathing apparatus: means any apparatus, whether self-contained or connected to a distant source of air or gas, whereby a person wholly or partially submerged in the water is enabled to obtain air or other gases for breathing without returning to the surface of the water. See Tennessee Code 69-9-204
      • Underway: means a vessel that is not anchored, moored or aground. See Tennessee Code 69-9-204
      • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
      • Use: means to operate, navigate or employ. See Tennessee Code 69-9-204
      • Venue: The geographical location in which a case is tried.
      • Vessel: means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water. See Tennessee Code 69-9-204
      • Water: means that liquid, including solids or other matter dissolved or suspended in the liquid, that is or will be impounded. See Tennessee Code 69-11-102
      • Water storage elevation: means the maximum elevation of water surface that can be obtained by the dam or reservoir. See Tennessee Code 69-11-102
      • Water well: means a hole drilled into the earth, by boring or otherwise, for the production of water. See Tennessee Code 69-10-101
      • Well: means one of these three (3) types of holes in the earth: a geothermal well, a monitoring well, or a water well. See Tennessee Code 69-10-101
      • Well owner: means the person who owns the real property on which a well exists or is to be drilled. See Tennessee Code 69-10-101
      • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
      • 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.
      • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
      • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105