Tennessee Code Annotated

Tenn. Code Ann. § 20-4-101 (2026)

Transitory actions

✓ current as of May 2026

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(a) In all civil actions of a transitory nature, unless venue is otherwise expressly provided for, the action may be brought in the county where the cause of action arose or in the county where the individual defendant resides.

(b) If, however, the plaintiff and defendant both reside in the same county in this state, then the action shall be brought either in the county where the cause of action arose or in the county of their residence.

(c) Where the action is brought either in the county where the cause of action arose or in the county where the defendant resides, process may be sent to another county as in local action, and it shall not be necessary nor required that the defendant be in the county of action either when the action is commenced or during the time between the commencement of the action and service of process.

Code 1858, §§ 2808, 2809 (deriv. Acts 1809 (Sept.), ch. 126, § 3); Shan., §§ 4513, 4514; Code 1932, §§ 8640, 8641; Acts 1967, ch. 55, § 1; 1971, ch. 51, § 1; 1972, ch. 446, § 1; T.C.A. (orig. ed.), § 20-401; Acts 2011, ch. 510, § 3.

Notes of Decisions

Cited in 64 cases (8 in the last 5 years), 1981–2026 · leading case: Patsy Freeman, Individually & as Adm'x of the Est. of John R. Freeman v. CSX Transp., Inc., a Florida Corp., 359 S.W.3d 171 (Tenn. Ct. App. 2010).

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Patsy Freeman, Individually & as Adm'x of the Est. of John R. Freeman v. CSX Transp., Inc., a Florida Corp., 359 S.W.3d 171 (Tenn. Ct. App. 2010). · cites it 40× “Defendants then filed a motion to dismiss, asserting for the first time that Tennessee’s “common county rule,”3 codified at Tenn. Code Ann. § 20-4-101 (b), localized venue and restricted subject matter jurisdiction to two counties, Coffee County, where Plaintiff and CSX both…”

Pack v. Ross, 288 S.W.3d 870 (Tenn. Ct. App. 2008). · cites it 21× “Ross and DMA moved to dismiss the case for lack of subject matter jurisdiction based on Tenn. Code Ann. § 20-4-101 (b), arguing that the statute limited venue of the law suit against DMA to Dickson County.”

Five Star Express, Inc. v. Davis, 866 S.W.2d 944 (Tenn. 1993). · cites it 15× “A § 50-6-225(c)(1), which provides that a petition in a worker’s compensation case may be brought in the county in which the petitioner resides or in the county where the injury occurred, *945 or whether the provisions of § 50 — 6—225(c)(1) must be construed in light of the…”

Hawkins v. Tennessee Dep't of Corr., 127 S.W.3d 749 (Tenn. Ct. App. 2002). · cites it 7× “In that case, the Court determined that the appropriate venue for workers’ com *764 pensation actions was established by the specific statute applicable to such lawsuits, despite prior authority holding that the general venue statute for transitory actions, Tenn.Code Ann. §…”

Garland v. Seaboard Coastline R.R., 658 S.W.2d 528 (Tenn. 1983). · cites it 8× “§ 20-4-104 limits T.C.A. § 20-4-101(a) as applied to business defendants.”

Sandy Eugene Womack v. Corr. Corp. Of Am. D/B/A Whiteville Corr. Facility, 448 S.W.3d 362 (Tenn. 2014). · cites it 5× “§ 1983 is a transitory action subject to the venue provisions of Tenn.Code Ann. § 20-4-101). Davis v. Holland, 31 S.”

Humphreys v. Selvey, 154 S.W.3d 544 (Tenn. Ct. App. 2004). · cites it 4× “Venue is proper by virtue of T.C.A. § 20-4-101 (2002) because Shelby County is the county where the cause of action arose.”

Frank Mills v. Luis Wong, 39 S.W.3d 188 (Tenn. Ct. App. 2000). · cites it 14× “In support of the exception, Professor Pivnick cites Tenn. Code Ann. § 20-4-101 (b). Professor Piv-nick also notes that the Tennessee Rules of Civil Procedure specifically defer to Tennessee statutes with respect to venue.”

Netherland v. Hunter, 133 S.W.3d 614 (Tenn. Ct. App. 2003). · cites it 10× “In this matter we are asked to determine which statute controls the issue of venue for a claim filed under the Tennessee Consumer Protection Act, the venue provision of that act, Tennessee Code Annotated section 47-18-109, or Tennessee’s general venue provision, section 20-4-101…”

Morris v. Snodgrass, 871 S.W.2d 484 (Tenn. Ct. App. 1993). · cites it 7× “There is nothing in any subsequent case or the UAPA itself to indicate in any way that it sought to abrogate the rules established by these cases.”

Turpin v. Conner Bros. Excavating Co., 761 S.W.2d 296 (Tenn. 1988). · cites it 2× “The venue of transitory actions is fixed by T.C.A. § 20-4-101. Civil Procedure Rule 15.”

Henley v. Cobb, 916 S.W.2d 915 (Tenn. 1996). · cites it 2× “On January 23, 1992, the defendant moved to dismiss the case, arguing that pursuant to Tenn.Code Ann. § 20-4-101(a), venue was only proper in Gibson County — the county where the cause of action arose — or Madison County — the county in which the defendant resided.”

Show all 64 citing cases →

— Tenn. Code Ann. § 20-4-101(a) — 19 cases

Garland v. Seaboard Coastline R.R., 658 S.W.2d 528 (Tenn. 1983). “§ 20-4-104 limits T.C.A. § 20-4-101(a) as applied to business defendants.”

Hawkins v. Tennessee Dep't of Corr., 127 S.W.3d 749 (Tenn. Ct. App. 2002). “In that case, the Court determined that the appropriate venue for workers’ com *764 pensation actions was established by the specific statute applicable to such lawsuits, despite prior authority holding that the general venue statute for transitory actions, Tenn.Code Ann. §…”

Five Star Express, Inc. v. Davis, 866 S.W.2d 944 (Tenn. 1993). “A § 50-6-225(c)(1), which provides that a petition in a worker’s compensation case may be brought in the county in which the petitioner resides or in the county where the injury occurred, *945 or whether the provisions of § 50 — 6—225(c)(1) must be construed in light of the…”

Patsy Freeman, Individually & as Adm'x of the Est. of John R. Freeman v. CSX Transp., Inc., a Florida Corp., 359 S.W.3d 171 (Tenn. Ct. App. 2010). “Defendants then filed a motion to dismiss, asserting for the first time that Tennessee’s “common county rule,”3 codified at Tenn. Code Ann. § 20-4-101 (b), localized venue and restricted subject matter jurisdiction to two counties, Coffee County, where Plaintiff and CSX both…”

Humphreys v. Selvey, 154 S.W.3d 544 (Tenn. Ct. App. 2004). “Venue is proper by virtue of T.C.A. § 20-4-101 (2002) because Shelby County is the county where the cause of action arose.”

— Tenn. Code Ann. § 20-4-101(a)(1980) — 1 case

Ebell v. Seapac Fisheries, Inc., 692 P.2d 956 (Alaska 1984).

— Tenn. Code Ann. § 20-4-101(b) — 11 cases

Pack v. Ross, 288 S.W.3d 870 (Tenn. Ct. App. 2008). “Ross and DMA moved to dismiss the case for lack of subject matter jurisdiction based on Tenn. Code Ann. § 20-4-101 (b), arguing that the statute limited venue of the law suit against DMA to Dickson County.”

Frank Mills v. Luis Wong, 39 S.W.3d 188 (Tenn. Ct. App. 2000). “In support of the exception, Professor Pivnick cites Tenn. Code Ann. § 20-4-101 (b). Professor Piv-nick also notes that the Tennessee Rules of Civil Procedure specifically defer to Tennessee statutes with respect to venue.”

Garland v. Seaboard Coastline R.R., 658 S.W.2d 528 (Tenn. 1983). “§ 20-4-104 limits T.C.A. § 20-4-101(a) as applied to business defendants.”

Netherland v. Hunter, 133 S.W.3d 614 (Tenn. Ct. App. 2003). “In this matter we are asked to determine which statute controls the issue of venue for a claim filed under the Tennessee Consumer Protection Act, the venue provision of that act, Tennessee Code Annotated section 47-18-109, or Tennessee’s general venue provision, section 20-4-101…”

— Tenn. Code Ann. § 20-4-101(c) — 1 case

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