Tennessee Code Annotated

Tenn. Code Ann. § 29-41-104 (2026)

Hearing to determine merits of defendant's allegations

✓ current as of May 2026

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(a) If the defendant to a civil action alleges, either by answer to the civil action or by motion made at any time the action is pending, that the action constitutes an abusive civil action and that the person filing the action is an abusive civil action plaintiff, the court shall conduct a hearing to determine the merits of the defendant's allegations.

(b) At the time set for the hearing on the alleged abusive civil action, the court shall hear all relevant testimony and may require any affidavits, documentary evidence, or other records the court deems necessary.

Added by 2018 Tenn. Acts, ch. 872,s 1, eff. 7/1/2018.

Notes of Decisions

Cited in 5 cases (5 in the last 5 years), 2022–2026 · leading case: In Re Jordan A. (Tenn. Crim. App. 2026).

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In Re Jordan A. (Tenn. Crim. App. 2026). · cites it 6× “” Tenn. Code Ann. § 29-41-104 (a) (emphasis added).”

Timothy Wilson v. Tawana Wilson (2022). “Tenn. Code Ann. § 29-41-104 . At that hearing, the court must hear all relevant testimony and may require affidavits, documentary evidence, or other records the court deems necessary.”

Loring Just. v. Kim Nelson (2024). “See Tenn. Code Ann. § 29-41-104 (a) (“If the defendant to a civil action alleges, either by answer to the civil action or by motion made at any time the action is pending, that the action constitutes an abusive civil action and that the person filing the action is an abusive…”

Stewart v. Ladd (E.D. Tenn. 2024). “at § 29-41-104(a). The Chancery Court set an evidentiary hearing [Doc.”

Robert E. Lee Flade v. City of Shelbyville, Tennessee (2024). “§ 29 - 41-103(a), to establish that an action constitutes an abusive civil action, see Tenn. Code Ann. §§ 29-41-104 to -106. Among the consequences associated with a successful claim are dismissal of the abusive civil action, an award of attorney’s fees and costs for defending…”

— Tenn. Code Ann. § 29-41-104(a) — 2 cases

In Re Jordan A. (Tenn. Crim. App. 2026). “” Tenn. Code Ann. § 29-41-104 (a) (emphasis added).”

Stewart v. Ladd (E.D. Tenn. 2024). “at § 29-41-104(a). The Chancery Court set an evidentiary hearing [Doc.”

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