Tennessee Code Annotated
Tenn. Code Ann. § 21-1-204 (2026)
Service by publication
✓ current as of May 2026
- (a) In case personal service is not used, if the defendant does not cause an appearance to be entered, the clerk, as soon as the necessary affidavit is made, shall enter upon the rule docket an order requiring the defendant to appear at a certain day named in the order, being a rule day, and defend, or otherwise the bill will be taken for confessed.
- (b) The clerk shall forthwith cause a copy of this order to be published for four (4) consecutive weeks in the newspaper mentioned in the order or designated by the general rules of the court.
- (c) The order for publication in lieu of personal service may be made at any time after the filing of the bill. The order of publication should contain the names of the parties, the style of the court in which the proceedings are had and the name of the place where the court is held, without any brief or abstract of facts, unless directed by the court.
- (d) When the suit is against an unknown defendant, the order of publication should describe the unknown party, as near as may be, by the character in which the unknown party is sued, and by reference to the unknown party's title or interest in the subject matter of the litigation.
- (e) Evidence of the publication in pursuance of the order may be by affidavit of the printer or actual production of the newspaper in court.
Code 1858, §§ 4354-4359 (deriv. Acts 1801, ch. 6, § 4; 1833, ch. 15; 1845-1846, ch. 122, § 7; 1851-1852, ch. 365, § 3; 1853-1854, ch. 55, § 3; 1855-1856, ch. 164, § 2); Shan., §§ 6164-6169; Code 1932, §§ 10433-10438; T.C.A. (orig. ed.), §§ 21-213 -- 21-217; modified.
Notes of Decisions
Cited in 14
cases (6 in the last 5 years), 1998–2025 · leading case: Adoption Place, Inc. v. Doe, 273 S.W.3d 142 (Tenn. Ct. App. 2007).
Adoption Place, Inc. v. Doe, 273 S.W.3d 142 (Tenn. Ct. App. 2007). “” Tenn.Code Ann. § 21-1-204, in pertinent part, provides: (c) The order for publication in lieu of personal service, may be made at any time after the filing of the bill.”
Ringenberg v. United States (E.D. Tenn. 2025). “4(e)(1) and Tenn. Code Ann. § 21-1-204 , service by publication fully satisfies notice requirements when the court is acting in rem.”
In Re L.F. (Tenn. Ct. App. 2021). “-9- See Tenn. Code Ann. §§ 21-1-204 (stating the requirements to serve a party by publication), 37-1-125(a) (stating that a party to a juvenile court proceeding may be served by publication under § 21-1-204 “[i]f, after reasonable effort, [the] party cannot be found, or the…”
State of Tennessee Ex Rel. Barbara E. Catalano v. William R. Woodcock (Tenn. Ct. App. 2016). “Regarding the procedure for service by publication, Tennessee Code Annotated § 21-1-204 (2009) provides in relevant part: (a) In case personal service is not used, if the defendant does not cause an appearance to be entered, the clerk, as soon as the necessary affidavit is made,…”
Crockett Cnty. v. Farhad Motamedi v. Michael Moore (Tenn. Ct. App. 2024). “Motamedi was proper and conducted according to statutory mandate, see Tenn. Code Ann. § 21-1-204 . Because Mr. Motamedi was properly afforded constructive notice of the tax lien lawsuit related to the Property, we determine that the trial court possessed jurisdiction over the…”
Mageo v. Mays (M.D. Tenn. 2022). “July 14, 1999) (noting limited scope of Tennessee’s service by publication 2 Although Plaintiff refers to Section 21-1-204 in addition to Section 21-1-203, Section 21-1-204 merely sets out the procedure for service of process by publication when service by publication is…”
Kruglyak v. Baer (Bankr. E.D. Tenn. 2025). “Specifically, defendant states: Plaintiff’s notice to the Defendant of the hearing on September 1, 2017[,] was through a defective notice by publication which the Plaintiff placed in “craigslist community news” section of the craigslist internet site on or about March 5, 2017…”
Darren Perry & Mechelle Perry v. All Unknown Parties Having Any Interest in the Prop. Known as the Mathis Cemetery (Tenn. Ct. App. 2010). “6 5 T.C.A. § 21-1-204 (2005) states: (a) In case personal service is not used, if the defendant does not cause an appearance to be entered, the clerk, as soon as the necessary affidavit is made, shall enter upon the rule docket an order requiring the defendant to appear at a…”
In Re: Adoption of F. M. B. P. W. (Tenn. Ct. App. 2008). “§ 36-1-117 (m)(3) states that “[a]ny motion for an order of publication in these [termination] proceedings shall be accompanied by an affidavit of the petitioners or their legal counsel attesting, in detail, to all efforts to determine the identity and whereabouts of the parties…”
State of Tennessee Dep't of Child.'s Servs. v. C.M. (Tenn. Ct. App. 2004). “” Tenn. Code Ann. § 21-1-204 (a) additionally mandates that “[i]n case personal service is not used, if the defendant does not cause an appearance to be entered, the clerk, as soon as the necessary affidavit is made, shall enter upon the rule docket an order requiring the…”
Stephanie D. Turner v. Kevin Turner (Tenn. Ct. App. 2014). “Tenn. Code Ann. § 21-1-204 (b). Thus, Tennessee Code Annotated Section 21-1-203(a) requires “diligent inquiry” to attempt to determine the unknown defendant’s residence.”
In Re A.W. (Tenn. Ct. App. 2021). “§ 21-1-204 (2009). In adoption and termination proceedings, “[a]ny motion for an order of publication .”
— Tenn. Code Ann. § 21-1-204(a) — 1 case
State of Tennessee Ex Rel. Barbara E. Catalano v. William R. Woodcock (Tenn. Ct. App. 2016). “Regarding the procedure for service by publication, Tennessee Code Annotated § 21-1-204 (2009) provides in relevant part: (a) In case personal service is not used, if the defendant does not cause an appearance to be entered, the clerk, as soon as the necessary affidavit is made,…”
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