Tennessee Code Annotated
Tenn. Code Ann. § 16-15-710 (2026)
Commencement of actions - New process when not served
✓ current as of May 2026
The suing out of a warrant is the commencement of a civil action within the meaning of this title, whether it is served or not; but if the process is returned unserved, plaintiff, if plaintiff wishes to rely on the original commencement as a bar to the running of a statute of limitations, must either prosecute and continue the action by applying for and obtaining new process from time to time, each new process to be obtained within nine (9) months from return unserved of the previous process, or plaintiff must recommence the action within one (1) year after the return of the initial process not served.
Acts 1972, ch. 564, § 1; T.C.A., § 16-1135; Acts 1992, ch. 804, § 1.
Notes of Decisions
Cited in 9
cases (2 in the last 5 years), 2003–2021 · leading case: Graham v. Caples, 325 S.W.3d 578 (Tenn. 2010).
Graham v. Caples, 325 S.W.3d 578 (Tenn. 2010). “We hold that pursuant to Tennessee Code Annotated sections 16-15-710 and 16-15-716, a civil action in the general sessions court is not commenced for purposes of tolling the statute of limitations until the warrant is issued by the clerk.”
Deborah Hart v. Memphis Light, Gas, & Water Div. (Tenn. Ct. App. 2018). “W2018-00254-COA-R3-CV ___________________________________ The parties dispute whether, under Tennessee Code Annotated section 16-15-710, the applicable statute of limitations was tolled by service of process when no proof of service was returned to the court as required under…”
Eddie R. Gates v. Andrew S. Perry (Tenn. Ct. App. 2014). “E2013-01992-COA-R9-CV-FILED-MARCH 26, 2014 This interlocutory appeal concerns the issue of whether the requirement of obtaining new process or recommencing an action in general sessions court is triggered for purposes of Tenn. Code Ann. § 16-15-710 by the failure to return…”
Vicki B. Carlton v. Sharon L. Davis (Tenn. Ct. App. 2003). “Applying Tennessee Code Annotated section 16-15-710 to the events in this case, the statute of limitations has expired, and summary judgment was correctly granted.”
Jairus Lee v. Estes Express (Tenn. Ct. App. 2019). “Pursuant to Tenn. Code Ann. § 16-15-710 , “[t]he suing out of a warrant is the commencement of a civil action within the meaning of this title, whether it is served or not.”
Ramirez v. Taylor (TV1) (E.D. Tenn. 2021). “Tenn. Code Ann. § 16-15-710 ; see also Tenn.”
Vivian Khah v. Jonathan Capley (Tenn. Ct. App. 2019). “§ 16-15-710 (2009). The sheriff’s office returned the alias warrant, noting that Mr.”
Assocs. Asset Mgmt., LLC b. Sheila Smith (2020). “But according to Tenn. Code Ann. § 16-15-710 , plaintiff, if plaintiff wishes to rely on the original commencement as a bar to the running of a statute of limitations, must either prosecute and continue the action by applying for and obtaining new process from time to time, each…”
Vernon Mott v. K. Jeffrey Luethke, Esq. (2021). “See Tenn. Code Ann. § 16-15-710 (2009). However, Ms.”
— Tenn. Code Ann. § 16-15-710(1994) — 1 case
Vicki B. Carlton v. Sharon L. Davis (Tenn. Ct. App. 2003). “Applying Tennessee Code Annotated section 16-15-710 to the events in this case, the statute of limitations has expired, and summary judgment was correctly granted.”
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