1. Tennessee Faith &Justice Alliance Volunteer Attorney Training
General Sessions Court - Civil
Blair Evans
Of Counsel
Baker, Donelson, Bearman, Caldwell, & Berkowitz

2. Organization and Responsibilities
The General Sessions Court was created by a private legislative act in 1941 (Tennessee Private Acts, 1941, Ch. 123, section 1).
It is responsible for maintaining the records and funds of Shelby County's Civil and Criminal Courts.
The Court consists of six (6) civil judges which preside in approximately 65,000 new cases annually.

3. Location
The Court is located in the Shelby County Courthouse, 140 Adams, Memphis, Tennessee – bottom level. The Clerk's Offices has 3 locations, including:
Shelby County Courthouse, 140 Adams, Room 106
East Office, 1075 Mullins Station Road, Room W115
Hickory Hill Office (inside the Hickory Ridge Mall), 3768
S. Hickory Ridge Mall, Suite 514
The Clerk's Office's hours are Mon. –
Fri., 8 a.m. - 4:30 p.m.

4. Jurisdiction
The General Sessions Civil Court has Jurisdiction in civil actions up to $25,000, including, but not limited to, the following:
Forcible entry detainer actions (evictions)
Action to recover personal property
Emergency mental commitments
Denial petitions for handgun permits
Interpleaders
Drug Dealer Eviction Program

5. Jurisdictional Limit - Exceptions
Amounts awarded on a judgment as attorneys’ fees, court costs, or discretionary costs are not included in computing the limit. See Tenn. Code Ann. § (d)(2).
Despite the $25,000 cap, the General Sessions Court has “unlimited original jurisdiction” in cases involving “forcible entry and detainer” (a.k.a. eviction lawsuits).  § (d)(1).
Similarly, the General Sessions Court has “unlimited original jurisdiction” in cases involving “actions to recover personal property, in which the court shall have unlimited original jurisdiction, including jurisdiction to award an alternative money judgment.” § (d)(1).

6. Initiating the Case
Look to the Rules! The General Sessions Court in each County has its own set of rules. E.g. in Shelby County General Sessions, either party may appear at the initial setting and request a continuance for "any reason or no reason."
Venue
Statutes of Limitation

7. Initiating the Case (continued)
Starting the Litigation
Commenced by filing the Civil Warrant, which is then issued by the Clerk
Filing fees & indigency exceptions
Type of Civil Warrants:
General Civil Warrant;
Forcible Entry & Detainer Warrant
Warrant to Recover Personal
Property (replevin or detinue);
Writ of Original Attachment
Issuance and Service of Process
Pleadings

8. Initiating the Case (continued)
Pleadings:
Informal notice pleading
Content - Civil Warrant
Documents may be attached
No counter- or cross-claims
Remedies
Pleadings by Defendants
Note: before reinventing the wheel on pleadings, check the Shelby County General Sessions Court website for forms

9. Forms on Shelby County General Sessions Court website
Affidavit of Exemption Schedule
Affidavit of Income and Property
Appeal Bond for Costs
Attachment Civil Warrant
Civil Warrant - Action to Recover Personal Property
Conditional Judgment on Levy
Consent Announcement
Forcible Entry and Detainer Warrant
Garnishment
Garnishment Notices
Judicial Attachment
Notice of Appeal
Notice of Case Setting
Notice of General Sessions Court Civil Division of Judgment Satisfied
Order to Turn Over Funds
Pauper's Oath in Lieu of Appeal Bond
Request for Certified Copy - Cost Bill - Attested Copy
Request of Publication
Request for Reinstatement of Garnishment
Request for Scire Facias to Revive Judgment
Scire Facias Revive
Subpoena
Writ of Possession - Detinue Replevin
Writ of Possession - FED

10. Discovery
Not as a matter of right
May be taken in discretion of the Court
Depositions of hospital/medical records custodians may be taken prusuant to the Rules of Civil Procedure

11. Pre-Trial Motions
Heard upon party's request and upon adequate notice to other parties
Examples:
Motion in Limine,
Motion to Take Telephonic Testimony,
Motion to Quash,
Motion to Dismiss

12. Trials
Bench trials only
Non-party witnesses must be subpoenaed
Form of proceedings generally mirrors courts of record
Judgment generally entered at conclusion

13. Appeals from General Sessions
Must appeal within 10 days of date of judgment
Plaintiff or Defendant may appeal
Appeal is assigned to Shelby Co. Circuit or Chancery Court

14. Questions?