§ 40-30-101 Short Title
§ 40-30-102 When Prisoners May Petition for Post-Conviction Relief
§ 40-30-103 Grounds for Relief
§ 40-30-104 Petition
§ 40-30-105 Processing of Petitions — Designation of Judge
§ 40-30-106 Preliminary Consideration
§ 40-30-107 Preliminary Order
§ 40-30-108 Answer or Response
§ 40-30-109 Prehearing Procedure
§ 40-30-110 Hearing
§ 40-30-111 Final Disposition of Petitions — Compliance Reports
§ 40-30-112 Notice of Final Judgments by Clerk of Court
§ 40-30-113 Petitioner Unconstitutionally Denied Appeal — Procedure
§ 40-30-114 Reimbursement of Expenses of District Attorney General — Duty of Attorney General and Reporter
§ 40-30-115 Determination of Indigency — Appointment of Counsel and Court Reporters
§ 40-30-116 Appeal After Final Judgment
§ 40-30-117 Motions to Reopen
§ 40-30-118 Promulgation of Rules
§ 40-30-119 Bail During New Trial or Delayed Appeal — Exception
§ 40-30-120 Stays of Execution When Petitioner Is Under Sentence of Death
§ 40-30-121 Priority
§ 40-30-122 Interpretation

Terms Used In Tennessee Code > Title 40 > Chapter 30 > Part 1 - General Provisions

  • 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.
  • Allegation: something that someone says happened.
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appraisal: A determination of property value.
  • Arrest: Taking physical custody of a person by lawful authority.
  • 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.
  • 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.
  • 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.
  • 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
  • Chambers: A judge's office.
  • 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
  • Collector: includes any person entrusted with the collection of public revenue. See Tennessee Code 1-3-105
  • Commissioner: means the commissioner of revenue. See Tennessee Code 67-1-1701
  • Commissioner: means the commissioner of revenue. See Tennessee Code 67-2-101
  • Commissioner: means the commissioner of revenue. See Tennessee Code 67-1-101
  • 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.
  • Corporate property: means the franchise, corporate excess or intangible value of the corporation as well as all other property. See Tennessee Code 67-2-101
  • 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.
  • County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Deficiency: means :

    1. The amount by which the tax imposed by this chapter exceeds the amount shown as the tax by the taxpayer upon the taxpayer's return. See Tennessee Code 67-2-101
    2. Department: means the department of revenue. See Tennessee Code 67-1-1701
    3. Department: means the department of revenue. See Tennessee Code 67-1-101
    4. 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.
    5. Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
    6. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
    7. Docket: A log containing brief entries of court proceedings.
    8. 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.
    9. Executor: A male person named in a will to carry out the decedent
    10. Executor: includes an administrator, where the subject matter applies to an administrator. See Tennessee Code 1-3-105
    11. 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.
    12. Fiduciary: A trustee, executor, or administrator.
    13. 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.
    14. Fraud: Intentional deception resulting in injury to another.
    15. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
    16. Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
    17. Grantor: The person who establishes a trust and places property into it.
    18. 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.
    19. 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.
    20. Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
    21. 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.
    22. Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
    23. Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
    24. Lien: A claim against real or personal property in satisfaction of a debt.
    25. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
    26. 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
    27. Month: means a calendar month. See Tennessee Code 1-3-105
    28. Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
    29. Oath: includes affirmation. See Tennessee Code 1-3-105
    30. Oath: A promise to tell the truth.
    31. 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.
    32. Officer or employee: includes former officers and employees. See Tennessee Code 67-1-1701
    33. Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
    34. 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.
    35. Person: means every individual, firm, association, joint-stock company, syndicate, partnership, corporation, or state or federal agency. See Tennessee Code 67-1-1701
    36. Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
    37. Personal property: All property that is not real property.
    38. Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
    39. Personal 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
    40. 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.
    41. 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.
    42. Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
    43. Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
    44. Property: includes both personal and real property. See Tennessee Code 1-3-105
    45. Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
    46. Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
    47. Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
    48. 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
    49. 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
    50. 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.
    51. Remand: When an appellate court sends a case back to a lower court for further proceedings.
    52. 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).
    53. 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
    54. Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
    55. Return: means any tax or information return, declaration of estimated tax, claim for refund, or petition for waiver of penalty required by, or provided for, or permitted under, any law, that is filed with or submitted to the commissioner by, on behalf of, or with respect to, any person, and any amendment or supplement thereto, including supporting schedules, attachments, or lists which are supplemental to, or part of, any return so filed or submitted. See Tennessee Code 67-1-1701
    56. 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.
    57. 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
    58. 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
    59. Statute: A law passed by a legislature.
    60. Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
    61. Stocks: means shares of stock issued by corporations chartered and organized under the laws of the state of Tennessee, or of any other state, or of the United States, or of any foreign government, and all interests in partnerships, associations, or trusts represented by transferable evidence of such interest. See Tennessee Code 67-2-101
    62. Subpoena: A command to a witness to appear and give testimony.
    63. Summons: Another word for subpoena used by the criminal justice system.
    64. Tax administration: means the administration, management, conduct, direction, and supervision of the execution and application of the state tax laws, rules, or related statutes or rules and reciprocity agreements with the several states or federal government to which the state of Tennessee is a party. See Tennessee Code 67-1-1701
    65. Tax administration information: means criteria or standards used or to be used for the selection of returns or persons for audit or examination, or data used or to be used for determining such criteria or standards. See Tennessee Code 67-1-1701
    66. Tax information: means a taxpayer's identity, the nature, source, or amount of the taxpayer's income, payments, receipts, deductions, exemptions, credits, assets, liabilities, net worth, tax liability, tax collected, deficiencies, overassessments, or tax payments, whether the taxpayer's return was, is being, or will be, examined or subject to other investigation or processing, or any other data, received by, recorded by, prepared by, furnished to, or collected by, the commissioner with respect to a return or with respect to the determination of the existence, or possible existence, of liability, or the amount of the liability, of any person for any tax, penalty, interest, fine, forfeiture, or other penalty, imposition or offense, administered by or collected by the commissioner, either directly or indirectly. See Tennessee Code 67-1-1701
    67. Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
    68. Testify: Answer questions in court.
    69. Testimony: Evidence presented orally by witnesses during trials or before grand juries.
    70. 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.
    71. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
    72. Trustee: A person or institution holding and administering property in trust.
    73. Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
    74. Unit of local government: means any county enumerated in §. See Tennessee Code 67-1-1701
    75. United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
    76. Venue: The geographical location in which a case is tried.
    77. Writ: A formal written command, issued from the court, requiring the performance of a specific act.
    78. written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
    79. Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105