Tennessee Code Annotated
Tenn. Code Ann. § 27-5-105 (2026)
Filing of papers in circuit court
✓ current as of May 2026
- (a)
- (1) When an appeal shall be perfected from the judgment of any judge of the court of general sessions, it shall be the duty of the clerk of the general sessions court to file the papers in the case in the office of the clerk of the circuit court, at least five (5) days before the meeting of the circuit court.
- (2) If an appeal is perfected within five (5) days before the meeting of the circuit court, the papers in the case shall be filed in the clerk's office by or on the first day of the term.
- (b) Any general sessions court clerk failing to comply with this section shall have no fees or costs allowed in such case.
Acts 1889, ch. 251, §§ 1, 2; Shan., § 4873; mod. Code 1932, § 9021; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 27-505; modified.
Notes of Decisions
Cited in 11
cases (1 in the last 5 years), 1989–2021 · leading case: City of Red Boiling Springs v. Whitley, 777 S.W.2d 706 (Tenn. Ct. App. 1989).
City of Red Boiling Springs v. Whitley, 777 S.W.2d 706 (Tenn. Ct. App. 1989). “Tenn.Code Ann. § 27-5-103 (Supp.1988). Although Tenn.”
Joe Clyde Tubwell v. City of Memphis, 413 S.W.3d 77 (Tenn. Ct. App. 2013). “2d at 707 (“Although Tenn.Code Ann. § 27-5-103 does not specifically say where the bond is to be filed, it is clear from Tenn.”
Steve Frost Agency v. Spurlock, 859 S.W.2d 337 (Tenn. Ct. App. 1993). “T.C.A. § 27-5-105 requires the General Sessions Clerk to file papers in appealed cases with the Circuit Court Clerk.”
Krystal Dawn (Walton) Cantrell v. Patricia Tolley (Tenn. Ct. App. 2011). “June 14, 2010), under Tennessee Code Annotated Section 27-5-105, once an appeal has been perfected, Tennessee Code Annotated Section 27-5-105(a)(1) requires the general sessions court clerk to file the “papers” in the case with the circuit court clerk.”
Ken Smith Auto Parts v. Michael F. Thomas (Tenn. 2020). “Tenn. Code Ann. § 27-5-105 (a) (2017). The appeal is “heard de novo in the circuit court.”
Chimneyhill Condo. Ass'n v. King Chow (Tenn. Ct. App. 2021). “Chow asserts on appeal that these fees should not be allowed following a dismissal under Tennessee Code Annotated section 27-5-105, he did not take the same position in the trial court.”
Marvin Bernatsky & Patricia Bernatsky v. Designer Baths & Kitchens, LLC (Tenn. Ct. App. 2013). “When the appeal is perfected, it is the duty of the clerk of general sessions court to file the papers in the office of the clerk of the circuit court, Tenn. Code Ann. § 27-5-105 , where the appeal shall be heard de novo.”
Memphis Area Teachers Credit Union v. David Jones (Tenn. Ct. App. 2010). “T.C.A. § 27-5-105(a)(1) (2000). Section 27-5-106 then provides: (a) If the clerk fails to return the papers within the time prescribed, but returns them during the term to which the same are returnable, and the appellant fails to appear and prosecute the appeal, if such…”
William Harrison Nix, III v. Richard Terry Sutton (Tenn. Ct. App. 2007). “Tenn. Code Ann. § 27-5-105 (2000) requires the general sessions clerk to file papers in appealed cases with the circuit court clerk.”
Brady v. Valentine (Tenn. Ct. App. 1998). “When the appeal is perfected, it is the duty of the clerk of general sessions court to file the papers in the office of the clerk of the circuit court, Tenn. Code Ann. § 27-5-105 , where the appeal shall be heard de novo.”
City of Gatlinburg v. James Odom, d/b/a Thomas Kincade Galleries (Tenn. Ct. App. 2002). “] § 27-5-105 (1980) and the cases construing the statutory procedure that the bond is to be filed in the court from which the appeal is taken.”
— Tenn. Code Ann. § 27-5-105(a)(1) — 2 cases
Krystal Dawn (Walton) Cantrell v. Patricia Tolley (Tenn. Ct. App. 2011). “June 14, 2010), under Tennessee Code Annotated Section 27-5-105, once an appeal has been perfected, Tennessee Code Annotated Section 27-5-105(a)(1) requires the general sessions court clerk to file the “papers” in the case with the circuit court clerk.”
Memphis Area Teachers Credit Union v. David Jones (Tenn. Ct. App. 2010). “T.C.A. § 27-5-105(a)(1) (2000). Section 27-5-106 then provides: (a) If the clerk fails to return the papers within the time prescribed, but returns them during the term to which the same are returnable, and the appellant fails to appear and prosecute the appeal, if such…”
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