Tennessee Code Annotated
Tenn. Code Ann. § 29-37-104 (2026)
Claims and awards for fees and expenses
✓ current as of May 2026
- (a)
- (1) Unless otherwise provided by law, the court having jurisdiction over the civil action brought by a state agency or over an action for judicial review brought pursuant to § 4-5-322, may award reasonable and actual fees and other expenses not to exceed ten thousand dollars ($10,000) to the prevailing party unless the prevailing party is a state agency.
- (2)
- (A) Unless otherwise provided by law, the court having jurisdiction over the civil action brought by a local government or over an action for judicial review may award reasonable and actual fees and other expenses not to exceed ten thousand dollars ($10,000) to the prevailing party unless the prevailing party is a local government.
- (B) A small business that makes a claim against a local government for fees and expenses under this chapter that is not supported by substantial evidence or that is arbitrary or capricious or that is brought in bad faith for the purpose of harassment shall be subject to the procedures and sanctions of Tennessee Rules of Civil Procedure, Rule 11.
- (b)
- (1) The court may make an award pursuant to the terms of this chapter only if the small business has demonstrated by a preponderance of the evidence that the actions of the state agency were not supported by substantial evidence or were arbitrary and capricious or were brought in bad faith for the purpose of harassment. The court may, in its discretion, decline to make an award if it finds that special circumstances exist that would make an award unjust.
- (2) The court may make an award pursuant to the terms of this chapter only if the small business has demonstrated by a preponderance of the evidence that the actions of the local government were arbitrary and capricious or were brought in bad faith for the purpose of harassment. The court may, in its discretion, decline to make an award if it finds that special circumstances exist that would make an award unjust.
- (c)
- (1) In a civil action commenced by a state agency or local government, a small business, in order to be eligible to make a claim for fees and other expenses under this chapter, must file a claim with the court within thirty (30) days after a final judgment has been rendered.
- (2) In an action for judicial review brought in accordance with § 4-5-322 or an action for judicial review in a case in which a local government is a party, a small business must specifically state in the petition for review that it seeks fees and other expenses under this chapter. Failure to state shall bar the small business from making any claim under this chapter unless such a claim is filed subsequently with the court, in which event the small business shall be entitled to receive payment for fees or services actually rendered or expenses actually incurred after the notice of intent to make a claim is filed.
- (3) All claims for fees and other expenses shall include, where applicable, an itemized statement for those fees including the actual time expended in representing a party and the rate at which the fees were computed, as well as invoices or statements showing the actual amount of other expenses incurred.
- (d)
- (1) Awards provided for in this chapter against a state agency shall, upon order of the court, be paid by the department of finance and administration from the general fund, except in the case of awards in cases involving the department of transportation, in which case the payment shall be made from the general highway fund.
- (2) Awards provided for in this chapter against a local government shall, upon order of the court, be paid by the local government.
Amended by 2016 Tenn. Acts, ch. 797, s 10, eff. 4/14/2016.
Acts 1984, ch. 495, § 4; 1989, ch. 365, §§2-6; 2010 , ch. 1030, § 11.
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 1984–2026 · leading case: State v. Thompson, 197 S.W.3d 685 (Tenn. 2006).
State v. Thompson, 197 S.W.3d 685 (Tenn. 2006). “Fees incurred by the defendants easily exceed the maximum recovery of $10,000 authorized by Tenn.Code Ann. § 29-37-104. The trial court imposed fines of $1,000 each on Thompson and the LLC for being unregistered by the State for a period of three months.”
Am. Child Care, Inc. v. Dept. of Human Servs., 83 S.W.3d 148 (Tenn. Ct. App. 2001). “The trial court's second conclusion which is not quoted here was in regard to Tenn.Code Ann. § 29-37-104. Tenn.Code Ann.”
Four Seasons Gardening & Landscaping, Inc. v. Crouch, 688 S.W.2d 439 (Tenn. Ct. App. 1984). “§ 8-30-327 permits attorneys fees in civil service appeals; Tenn.Code Ann. § 29-37-104 permits attorneys fees in cases involving erroneous governmental action; and Tenn.”
Bmc Enter., Inc. v. City of Mt. Juliet, 273 S.W.3d 619 (Tenn. Ct. App. 2008). “Defendants argue that they were not required to raise this issue on appeal be *628 cause BMC would not be entitled to attorney fees if we reverse the Trial Court’s decision because BMC would no longer be a “prevailing party” entitled to an award of attorney fees pursuant to…”
State of Tennessee v. Tyrome Cameron Ferguson (Tenn. Crim. App. 2026). “For example, the Equal Access to Justice Act permits a court to award up to $10,000 in “reasonable and actual fees and other expenses” to a party prevailing against a state agency under its provisions, “unless the prevailing party is a state agency.”
State v. Travis Thompson (Tenn. Ct. App. 2003). “-11- Tenn. Code Ann. § 29-37-104 (a) and (b) (2000).”
Herbert S. Moncier v. Bd. of Prof'l Responsibility of the Supreme Court of Tennessee (Tenn. Ct. App. 2013). “” Tenn. Code Ann. § 29-37-104 (a)(1). The act applies with regard to civil actions brought by a state agency or actions for judicial review pursuant to Tenn.”
Tommy Wright v. The City of Shelbyville Bd. of Zoning Appeals (Tenn. Ct. App. 2012). “” Tenn. Code Ann. § 29-37-104 (b)(2). See BMC Enterprises Inc.”
Connie Reguli v. Bd. of Prof'l Responsibility of The Supreme Court of Tennessee (Tenn. Ct. App. 2014). “§ 4-5-325 and Tenn. Code Ann. § 29-37-104 ? If not, is the denial of that right a violation of equal protection under the Tennessee and the United States Constitutions? K.”
— Tenn. Code Ann. § 29-37-104(a)(1) — 1 case
State v. Thompson, 197 S.W.3d 685 (Tenn. 2006). “Fees incurred by the defendants easily exceed the maximum recovery of $10,000 authorized by Tenn.Code Ann. § 29-37-104. The trial court imposed fines of $1,000 each on Thompson and the LLC for being unregistered by the State for a period of three months.”
— Tenn. Code Ann. § 29-37-104(b)(l) — 1 case
State v. Thompson, 197 S.W.3d 685 (Tenn. 2006). “Fees incurred by the defendants easily exceed the maximum recovery of $10,000 authorized by Tenn.Code Ann. § 29-37-104. The trial court imposed fines of $1,000 each on Thompson and the LLC for being unregistered by the State for a period of three months.”
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