Tennessee Code Annotated

Tenn. Code Ann. § 22-3-104 (2026)

Peremptory challenges - Effect of consolidation of cases

✓ current as of May 2026

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(a) Either party to a civil action may challenge four (4) jurors without assigning any cause.

(b) In the event there is more than one (1) party plaintiff or more than one (1) party defendant in a civil action, four (4) additional challenges shall be allowed to such side or sides of the case; and the trial court shall, in its discretion, divide the aggregate number of challenges between the parties on the same side, which shall not exceed eight (8) challenges to the side, regardless of the number of parties. Even when two (2) or more cases are consolidated for trial purposes, the total challenges shall be eight (8), as provided in this subsection (b).

(c) If a party is both a plaintiff and a defendant, that party is considered one (1) party for the purpose of this section.

Acts 2008, ch. 1159, § 1.

Notes of Decisions

Cited in 3 cases, 2012–2017 · leading case: Donriel A. Borne v. Celadon Trucking Servs., Inc., 532 S.W.3d 274 (Tenn. 2017).

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Donriel A. Borne v. Celadon Trucking Servs., Inc., 532 S.W.3d 274 (Tenn. 2017). · cites it 16× “Tenn. Code Ann. § 22-3-104 (a)-(b) (2009).”

Marsha McDonald v. Paul F. Shea, M.D. & Shea Ear Clinic (Tenn. Ct. App. 2012). · cites it 2× “See Tenn. Code Ann. § 22-3-104 (2009); Estep v.”

Richard Muller v. Dennis Higgins (Tenn. Ct. App. 2015). · cites it 2× “Tenn. Code Ann. § 22-3-104 (a). To remove a prospective juror using a peremptory challenge, all the party must do is submit the name of the juror to the trial judge in writing after prospective jurors have been passed for cause.”

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