Tennessee Code Annotated
Tenn. Code Ann. § 27-8-104 (2026)
Power of circuit and chancery courts
✓ current as of May 2026
- (a) The judges of the inferior courts of law have the power, in all civil cases, to issue writs of certiorari to remove any cause or transcript thereof from any inferior jurisdiction, on sufficient cause, supported by oath or affirmation.
- (b) The chancellors shall have concurrent jurisdiction with the judges of the circuit courts of this state in granting writs of certiorari and supersedeas removing causes from general sessions courts to the circuit courts.
Code 1858, § 3126 (deriv. Const. 1834, art. 6, § 10); Acts 1877, ch. 64; Shan., § 4857; Code 1932, § 8992; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 27-804.
Notes of Decisions
Cited in 44
cases (8 in the last 5 years), 1995–2026 · leading case: Jackson v. Tennessee Dep't of Corr., 240 S.W.3d 241 (Tenn. Ct. App. 2006).
Jackson v. Tennessee Dep't of Corr., 240 S.W.3d 241 (Tenn. Ct. App. 2006). “On appeal, TDOC argues that the trial court acted correctly in dismissing the petition since the verification page is not notarized, therefore, it does not comply with the Tennessee Constitution or sections 27-8-104 and 27-8-106 of the Tennessee Code.”
State v. L.W., 350 S.W.3d 911 (Tenn. 2011). “The verification and recitation requirements of section 27-8-106, therefore, apply to petitions for writs of certiorari filed in civil cases pursuant to section 27-8-104. No statute imposes similar procedural requirements on petitions for writs of certiorari in criminal cases.”
Hirt v. Metro. Bd. of Zoning Appeals of the Metro. Gov't of Nashville, 542 S.W.3d 524 (Tenn. Ct. App. 2016). “" Tenn. Code Ann. § 27-8-104 (a). Tennessee Code Annotated section 27-8-106 specifically provides that the "petition for certiorari may be sworn to before the clerk of the circuit court, the judge, any judge of the court of general sessions, or a notary public, and shall state…”
Moncier v. Jones, 803 F. Supp. 2d 815 (E.D. Tenn. 2011). “Prior to Cawood, the writ requirements of Tenn. Code Ann. §§ 27-8-104 and 27-8-106 did not apply, and were never applied, to attorney discipline appeals [Id.”
State v. Smith, 278 S.W.3d 325 (Tenn. Crim. App. 2008). “2002); see also T.C.A. § 27-8-104(a) (empowering circuit courts, in civil cases, to remove by certiorari “any cause or transcript thereof from any inferior jurisdiction, on sufficient cause”).”
Flowers v. Traughber, 910 S.W.2d 468 (Tenn. Crim. App. 1995). “§ 27-8-104; see also Tenn.Code Ann. § 27-9-103.”
Eric Best v. Tennessee Dep't of Corr. (Tenn. Ct. App. 2016). “, fails to include a statement to “confirm the truthfulness of the allegations of his petition.”
State v. LW, 350 S.W.3d 911 (Tenn. 2011). “The verification and recitation requirements of section 27-8-106, therefore, apply to petitions for writs of certiorari filed in civil cases pursuant to section 27-8-104. No statute imposes similar procedural requirements on petitions for writs of certiorari in criminal cases.”
J.Y. Sepulveda v. Tennessee Bd. of Parole (Tenn. Ct. App. 2018). “VI, § 10; Tenn. Code Ann. § 27-8-104 , -106 (2017).”
Carl E. Swann v. City of Kingsport (Tenn. Ct. App. 2024). “” Tenn. Code Ann. § 27-8-104 (a). Tennessee Code Annotated section 27-8-106 further states that a “petition for certiorari may be sworn to before the clerk of the circuit court, the judge, any judge of the court of general sessions, or a notary public, and shall state that it is…”
Antwain Sales v. Tennessee Dep't of Corr. (Tenn. Ct. App. 2025). “By failing to sign the petition under oath, Petitioner has failed to comply with the mandatory notarization and verification requirements found in Article VI, Section 10, of the Tennessee Constitution and Tenn. Code Ann. § 27-8-104 (a). Thus, the Petition is subject to dismissal…”
Dominique Johnson v. South Cent. Corr. Facility Disciplinary Bd. (Tenn. Ct. App. 2013). “Tenn. Code Ann. § 27-8-104 (a) (emphasis added).”
— Tenn. Code Ann. § 27-8-104(a) — 15 cases
Jackson v. Tennessee Dep't of Corr., 240 S.W.3d 241 (Tenn. Ct. App. 2006). “On appeal, TDOC argues that the trial court acted correctly in dismissing the petition since the verification page is not notarized, therefore, it does not comply with the Tennessee Constitution or sections 27-8-104 and 27-8-106 of the Tennessee Code.”
State v. L.W., 350 S.W.3d 911 (Tenn. 2011). “The verification and recitation requirements of section 27-8-106, therefore, apply to petitions for writs of certiorari filed in civil cases pursuant to section 27-8-104. No statute imposes similar procedural requirements on petitions for writs of certiorari in criminal cases.”
State v. Smith, 278 S.W.3d 325 (Tenn. Crim. App. 2008). “2002); see also T.C.A. § 27-8-104(a) (empowering circuit courts, in civil cases, to remove by certiorari “any cause or transcript thereof from any inferior jurisdiction, on sufficient cause”).”
Eric Best v. Tennessee Dep't of Corr. (Tenn. Ct. App. 2016). “, fails to include a statement to “confirm the truthfulness of the allegations of his petition.”
State v. LW, 350 S.W.3d 911 (Tenn. 2011). “The verification and recitation requirements of section 27-8-106, therefore, apply to petitions for writs of certiorari filed in civil cases pursuant to section 27-8-104. No statute imposes similar procedural requirements on petitions for writs of certiorari in criminal cases.”
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