Tennessee Code Annotated

Tenn. Code Ann. § 29-21-125 (2026)

Costs - General rule

✓ current as of May 2026
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The costs of proceedings under this chapter, except when otherwise expressly provided, shall be adjudged as the court or judge may think right, and taxed and collected as in other cases.

Code 1858, § 3762; Shan., § 5542; Code 1932, § 9712; T.C.A. (orig. ed.), § 23-1834.


Notes of Decisions
Cited in 3 cases, 2002–2005 · leading case: Kelvin Wade Cloyd v. State of Tennessee (Tenn. Crim. App. 2005).
Kelvin Wade Cloyd v. State of Tennessee (Tenn. Crim. App. 2005). · cites it 6× “" Tenn. Code Ann. § 29-21-125 . Our law allows for the commencement of a civil action, including the filing of a petition for writ of habeas corpus, without giving security for the costs and without paying litigation taxes when the petitioner files an oath of poverty and…”
Michael W. Smith v. James Dukes, Warden (Tenn. Crim. App. 2002). · cites it 2× “Tennessee Code Annotated section 29-21-125, pertaining to habeas corpus proceedings, states that “[t]he costs of proceeding under this chapter, except when otherwise expressly provided, shall be adjudged as the court or judge may think right, and taxed and collected as in other…”
James William Dash v. Howard W. Carlton, Warden (Tenn. Crim. App. 2002). “Tennessee Code Annotated § 29-21-125 provides that the costs associated with a habeas corpus proceeding “shall be adjudged as the court or judge may think right.”
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