Tennessee Code Annotated
Tenn. Code Ann. § 29-41-103 (2026)
Defendant's right to raise claim - Hearing on court's own motion
✓ current as of May 2026
- (a) If a civil action is filed and the defendant to the action believes it to be an abusive civil action, the claim may be raised by the defendant:
- (1) In the answer to the civil action; or
- (2) By motion made at any time during the civil action.
- (b) The court may, on its own motion, determine that a hearing pursuant to § 29-41-104 is necessary to determine if the civil action is an abusive civil action.
Added by 2018 Tenn. Acts, ch. 872, s 1, eff. 7/1/2018.
Notes of Decisions
Cited in 4
cases (4 in the last 5 years), 2022–2026 · leading case: In Re Jordan A. (Tenn. Crim. App. 2026).
In Re Jordan A. (Tenn. Crim. App. 2026). “” Relying on this statute, Appellees first assert that Appellant failed to raise his abusive civil action claim by appropriate answer or motion in the trial court.”
Vanessa Colley v. John S. Colley, III (2022). “” Tenn. Code Ann. § 29-41-103 , et seq. Wife noted that the order of nonsuit had not yet been entered and, as such, averred that her motion was timely as it was brought “during the civil litigation.”
Loring Just. v. Kim Nelson (2024). “Tenn. Code Ann. § 29-41-103 (a) provides: them costs and attorney’s fees pursuant to Tenn.”
Robert E. Lee Flade v. City of Shelbyville, Tennessee (2024). “Tenn. Code Ann. § 29-41-103 (a). Accordingly, we do not find the decision in Justice to be instructive on the question of whether a TPPA petition qualifies as a counterclaim under Rule 41.”
— Tenn. Code Ann. § 29-41-103(a) — 1 case
In Re Jordan A. (Tenn. Crim. App. 2026). “” Relying on this statute, Appellees first assert that Appellant failed to raise his abusive civil action claim by appropriate answer or motion in the trial court.”
— Tenn. Code Ann. § 29-41-103(a)(2) — 1 case
In Re Jordan A. (Tenn. Crim. App. 2026). “” Relying on this statute, Appellees first assert that Appellant failed to raise his abusive civil action claim by appropriate answer or motion in the trial court.”
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